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How to Sue Your Attorney for Malpractice

To sue your attorney on charges of malpractice, you must prove that their breach of duty caused legal, monetary or other negative outcomes for you. It is not enough to demonstrate that the negligence of your attorney was injurious and you must prove a direct link between the breach and the unfavorable outcome.

Legal malpractice does not cover matters of strategy. However, if you lose a lawsuit because your lawyer did not file the lawsuit in time it could be a case of malpractice.

Misuse of Funds

One of the most frequent types of legal malpractice is the misuse by a lawyer of funds. Lawyers have a fiduciary obligation with their clients and are required to behave with a high level of trust and fidelity, particularly when handling funds or other property that the client has entrusted to them.

If a client is required to pay their retainer to a lawyer, they are required by law to deposit the money in an fund for escrow that is exclusively used for that particular case. If the lawyer co-mingles the account with their own personal funds or makes use of it for any other purpose, this is a clear violation of fiduciary duty and could be considered legal malpractice.

As an example, suppose that a client employs their attorney to represent them in an action against a driver who hit them as they were walking across the street. The client has proof that the driver was negligent, and can show that the accident caused their injuries. However, their lawyer misses the statute of limitations and is incapable of bringing the case within the timeframe. Thus, the lawsuit is dismissed and the victim is liable for financial losses as a result of the lawyer's error.

The time limit to sue an attorney for malpractice is limited by a statute of limitation that can be difficult to determine in a situation where a loss or injury resulted from the attorney's negligence. A licensed New York attorney with experience in malpractice law can explain the time limit to you and assist you determine if your case is a good fit for a legal malpractice suit.

Inability to follow the Rules of Professional Conduct

Legal malpractice occurs when an attorney does not follow generally accepted professional standards and harms the client. It requires the four elements of most torts: an attorney-client relation the breach of a duty and the proximate cause.

A few examples of malpractice include the lawyer combining their personal and trust funds, failing timely to file a suit within the time limits, taking cases in which they aren't competent, failing to carry out an examination of conflicts and not being up-to date on court proceedings or any new developments in law that could impact the case. Lawyers have a responsibility to communicate with their clients in a reasonable manner. This is not limited to email and faxing, but also includes responding to phone calls in a timely manner.

It is also possible for lawyers to commit fraud. This can be done in various ways, including lying to the client or anyone else involved in the case. It is essential to learn the facts in order to determine whether the attorney was deceitful. A breach of the agreement between the attorney and client occurs when an attorney handles cases outside their area of expertise without informing the client or informing them to seek out independent counsel.

Inability to inform

When a client hires an attorney, it implies that their legal situation has been beyond their expertise and experience. They are unable to solve the problem themselves. Lawyers are required to inform clients about the benefits of the case, the risks and costs involved, and their rights. An attorney who fails to do so may be found guilty.

Many legal malpractice claims stem from a lack of communication between attorneys and their clients. An attorney might not return a phone calls or fail to inform their clients about a specific decision that they have made on their behalf. An attorney might also not communicate important details about a case or fail to disclose known issues in a transaction.

A client may sue an attorney if they have suffered financial losses as a result of the lawyer's negligence. These losses must be documented, which will require evidence such as client files emails, correspondence between the attorney and the client, along with bills. In the event of fraud or theft, an expert witness may be required to examine the case.

Inability to Follow the Law

Attorneys are obligated to follow the law and know the way it is applied in particular situations. If they fail to do so then they could be accused of malpractice. Examples include mixing funds from clients with theirs or using settlement funds to pay for personal expenses, and not performing basic due diligence.

Another type of legal malpractice is the failure to file an action within the statute of limitations, ignoring court filing deadlines and not observing the Rules of Professional Conduct. Attorneys are also obligated to disclose any significant conflicts of conflicts of interest. They must disclose to clients any financial or personal interest that could influence their judgement when representing them.

Additionally, attorneys are required to follow the instructions of their clients. If a client asks the attorney to take specific actions an attorney must follow the instructions, unless there's an obvious reason why it would not be beneficial or malpractice feasible.

In order to prevail in a malpractice law firms case, the plaintiff has to show that the lawyer acted in violation of his duty of care. This can be difficult, since it requires proof that the defendant's actions, or inaction, caused damages. It is not enough to prove that the attorney's negligence resulted in a bad outcome. A malpractice lawyers claim must also demonstrate that there was a high chance that the plaintiff's claim would have been won if the defendant had followed standard procedures.