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How to Sue Your Attorney for Malpractice

If you wish to sue your attorney over malpractice, you must demonstrate that their breach of duty caused financial, legal or other negative effects for you. You must demonstrate that there is a direct link between the attorney's negligence and the negative results.

Strategy-related issues do not be considered legal malpractice lawyers, but the lawyer you hire fails to file a lawsuit on time and you lose the case, that could be a form of malpractice.

The misuse of funds

The misuse of funds by lawyers is among the most widespread types of legal negligence. Lawyers are bound by a fiduciary obligation to their clients, and must behave with confidence and fidelity when handling funds or other assets that the client has given them.

When a client makes a retainer, their attorney is required to place the money into an separate escrow account that is specifically destined for the purpose of the case only. If the attorney combines the account with their personal funds or uses it for any other purpose it is a clear breach of fiduciary duty, and could be considered legal negligence.

Imagine, for instance the scenario where a client hires an attorney to represent the client in a lawsuit filed against a driver whose car hit them as they crossed the street. The client could prove the driver's negligence, and that the accident led to the injuries they sustained. The lawyer however does not follow the law and is unable file the case in time. Consequently, the lawsuit is dismissed and the injured party suffers financial loss because of the lawyer's error.

The time limit to sue an attorney for malpractice is limited by a statute that limits the time for suing, which can be tricky to determine in a situation where a loss or injury was the result of the negligence of the attorney. A New York attorney who is proficient in malpractice lawyers law can explain the statute of limitations and assist you in determining whether you have a case which is suitable for a lawsuit.

Do not follow the rules of professional conduct

Legal malpractice occurs when a lawyer fails to follow generally accepted professional standards and causes harm to the client. It is a requirement of the four elements of most torts: an attorney-client relationship the breach of a duty and proximate cause.

Some typical examples of malpractice include a lawyer mixing trust and personal account funds, failing to timely file a lawsuit within the timeframe of the statute of limitations and assuming cases in which they aren't competent, failing to conduct a conflict check, and not being up-to-date with court proceedings or new developments in the law that may affect the case. Lawyers also have a responsibility to communicate with clients in a fair manner. This is not limited to emails and faxes as well as responding to phone calls promptly.

It is also possible for attorneys to engage in fraud. This can be done by lying to the client or any other person involved in the investigation. It is crucial to know the facts so that you can determine if the attorney is dishonest. A violation of the attorney-client agreement occurs when an attorney is able to handle an action outside of their area of expertise without informing the client of this or advising them to seek independent counsel.

Failure to Advise

When a client hires an attorney, it indicates that they've reached the point at which their legal situation is beyond their capabilities or experience and they are unable to solve it on their own. It is the lawyer's duty to inform clients about the merits of a case, the costs and risks involved and their rights. If a lawyer fails to do this, they may be guilty of malpractice.

Many legal malpractice claims arise because of poor communication between lawyers, and their clients. An attorney may not return phone calls or fail to inform their clients of a certain decision made in their behalf. Attorneys may also fail to disclose important information about an instance or fail to reveal any problems that may arise from an transaction.

A client may sue an attorney if they've suffered financial losses as a result of the negligence of the lawyer. These losses must be documented, which will require evidence such as client files email correspondence, other correspondence between the attorney and the client, and bills. In cases of fraud or theft an expert witness could be required to look into the case.

Inability to Follow the Law

Attorneys are required to follow the law and understand the law's implications in particular situations. If they don't then they could be accused of misconduct. Examples include mixing client funds with their own, or using settlement proceeds for personal expenses, and failing to exercise basic due diligence.

Another instance of legal malpractice includes the failure to file a lawsuit within the timeframe of limitations, not meeting deadlines for filing with the court, and not following the Rules of Professional Conduct. Attorneys are also required to disclose any material conflicts of interests. They must inform clients of any financial or personal interest that could affect their judgment when representing them.

Finally, attorneys are obligated to follow instructions from their clients. If a client instructs them to take a particular action then the attorney must follow those instructions unless there is an obvious reason that it would not be beneficial or even feasible.

In order to prevail in a malpractice suit the plaintiff must show that the lawyer breached their duty of care. This can be difficult as it requires showing that the defendant's actions, or inaction, caused damages. It is not enough to demonstrate that the attorney's wrongful actions caused a bad result. A malpractice claim must prove that there was a high likelihood that the plaintiff's case could have been won had the defendant had followed normal procedures.