How to Sue Your Attorney for Malpractice

To sue an attorney for negligence, you need to show that the breach of duty resulted in negative financial, legal, or other consequences for you. You must demonstrate a direct connection between the attorney's incompetence and the negative outcome.

Legal malpractice settlement does not cover matters of strategy. However, if you lose a case due to your lawyer was not able to file the lawsuit on time, this could be an act of malpractice.

Inappropriate use of funds

A misuse of funds by lawyers is among the most common forms of legal negligence. Lawyers are legally bound by a fiduciary responsibility to their clients, and must behave with confidence and fidelity when handling money or other property the client has trusted them with.

When a client is required to pay a retainer to their attorney, the attorney is required to place the money in a separate escrow account specifically for the purpose of that case only. If the lawyer makes use of the escrow account for personal purposes or co-mingles it with their own funds, they are in violation of their fiduciary obligations and could be charged with legal malpractice attorney.

Imagine, for example the scenario where a client hires an attorney to represent him in a lawsuit against a driver whose vehicle struck them while crossing the street. The client is able to prove the driver's negligence, and that the accident led to the injuries they sustained. However, their lawyer misses the statute of limitations and is incapable of bringing the case in time. Therefore, the case is dismissed and the person who was hurt is liable for financial losses because of the lawyer's mistake.

The time limit to sue an attorney for malpractice is limited by a statute-of-limitations which can be difficult to calculate in a situation where a loss or injury was the result of the attorney's negligence. A competent New York attorney with experience in malpractice case law can explain the time limit to you and help determine if your situation is a good candidate for a legal malpractice lawsuit.

Failure to follow the Rules of Professional Conduct

Legal malpractice is when an attorney does not follow generally accepted standards of professional conduct, and harms the client. It entails the same four elements as most torts, which are an attorney-client relationship, a duty, a breach, and proximate causation.

Some examples of malpractice are a lawyer mixing their personal and trust funds, failing timely to file suit within timeframes, pursuing cases where they are not competent, not conducting a conflict check and not being up-to the current court proceedings or any other developments in law that could impact the case. Lawyers also have a duty to communicate with clients in a fair manner. This does not only include the use of faxes and email, but also resolving telephone calls promptly.

Attorneys can also commit fraud. It can be done by lying to the client, or any other person who is involved in the investigation. It is essential to learn the facts in order to determine if the attorney was deceitful. A breach of the agreement between the attorney and client occurs when an attorney handles an action outside of their expertise without informing the client or informing them to seek out independent counsel.

Inability to advise

When a client hires an attorney, it indicates that their legal issues have become beyond their knowledge and experience. They are unable to solve the problem themselves. The lawyer is required to inform clients of the advantages of the case, the risks and costs involved, as well as their rights. An attorney who fails to do so may be found guilty.

Many legal malpractice law cases are the result of poor communication between attorneys and their clients. For Malpractice case example, an attorney might not respond to phone calls or fail to inform their clients of a decision made on their behalf. An attorney could not also communicate vital information regarding a case or fail to reveal any issues with transactions.

It is possible to bring a lawsuit against an attorney for negligence, however, a client must prove that they suffered real financial losses because of the negligence of the lawyer. These losses must be documented, which will require evidence like client files, malpractice case emails and other correspondence between the lawyer and the client, as well bills. In the event of fraud, or theft an expert witness might be required to look into the case.

Failure to Follow the Law

Attorneys are obligated to follow the law and understand the laws that apply to specific circumstances. If they don't and they don't, they could be found guilty of misconduct. Examples include combining funds from clients with their own or using settlement proceeds to pay personal expenses, and failing to perform basic due diligence.

Another type of legal malpractice is the failure to file a lawsuit within the timeframe of limitations, not meeting deadlines for filing in court and not observing the Rules of Professional Conduct. Attorneys are also obligated to disclose any conflict of interests. This means that they have to inform clients of any personal or financial interest that could influence their judgment when representing them.

In addition, attorneys are required to abide by the instructions of their clients. If a client asks them to take a specific action an attorney must follow those instructions unless there's an obvious reason that it is not advantageous or is not feasible.

In order to prevail in a malpractice case, the plaintiff has to prove that the lawyer violated his duty of care. It can be difficult to prove that the defendant's inaction or actions caused damage. It isn't enough to demonstrate that the attorney's wrongful actions led to a poor outcome. A malpractice claim must prove that there was a substantial chance that the plaintiff's claim would have been successful if the defendant had followed standard procedures.