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How to Sue Your Attorney for Malpractice

To sue your attorney on charges of malpractice, you must demonstrate that the breach of duty resulted in legal, monetary or other negative effects for you. It is not enough to show that the attorney's negligence was negligent; you must also show a direct link between the breach and the resulting outcome.

The nuances of strategy don't count as legal malpractice lawyer but when your lawyer fails to file a lawsuit in time and you lose the case it could be a case of malpractice.

Fraud in the use of funds

The misuse of funds by a lawyer is among the most common kinds of legal fraud. Lawyers are bound by a fiduciary obligation to their clients, and must behave with trust and fidelity when handling funds or other assets that the client has entrusted them with.

When a client makes retainer fees, their lawyer is required to deposit that money into a separate escrow account that is specifically destined for the purpose of the case only. If the lawyer co-mingles the account with their personal funds, or uses it for any other purpose that is a clear breach of fiduciary responsibility and could be considered legal misconduct.

Imagine, for example that a client hires an attorney to represent him in a suit filed against a driver whose vehicle was struck by them as they crossed the street. The client is able to prove that the driver was negligent, and can prove that the accident caused their injuries. The lawyer, however, misses the statute and is unable to file the case in time. The lawsuit is dismissed, and the victim is liable for financial loss as a result of the lawyer's error.

A statute of limitations limits the time you have to pursue a lawyer's malpractice. It can be a challenge to determine if the loss or injury was caused by the negligence of an attorney. A licensed New York attorney with experience in the field of malpractice law will be able to explain the time limit to you and assist you determine if your situation is a good candidate for a legal malpractice suit.

Inability to follow the Rules of Professional Conduct

Legal malpractice is when an attorney does not adhere to generally accepted standards of professional conduct, and inflicts harm on the client. It is the result of four elements of most torts: an attorney-client relationship, a duty, breach and proximate cause.

Some examples of malpractice include mixing trust and personal account funds, failing in time to file suit within the time limit and taking on cases where they are not competent, failing to conduct an investigation into conflicts, and not staying up to date with court proceedings or any new developments in the law that could affect the case. Lawyers have a responsibility to communicate with their clients in a fair and reasonable manner. This is not limited to the use of faxes and email, but also resolving telephone calls promptly.

Attorneys can also commit fraud. This can occur in various ways, including lying to the client or anyone else involved in the case. In this situation it is essential to have the facts in hands so that you can determine if the attorney was being insincere. It is also a breach of the attorney-client agreement if an attorney accepts an assignment that is not within the scope of their expertise and fails to inform the client about this or suggest they seek out separate counsel.

Failure to Advise

When a client hires a lawyer, it means that their legal matter has become beyond their knowledge and experience. They are unable to solve the problem themselves. It is the attorney's responsibility to inform clients of the merits of a case along with the costs and risks involved, as well as their rights. An attorney who fails to do so may be guilty.

Many legal malpractice cases are the result of poor communication between lawyers and their clients. Attorneys may not respond to phone call or fail to inform their clients of a particular decision made in their behalf. An attorney could not also communicate vital details regarding a case, or not disclose any known issues in the transaction.

It is possible to sue an attorney for negligence, however, a client must show that they suffered real financial losses because due to the negligence of the attorney. The losses must be documented. This requires evidence, such as client files and emails or any other correspondence between an attorney and a client as well as bills. In the event of fraud, or theft an expert witness could be needed to investigate the case.

Failure to Follow the Law

Attorneys must follow the law and be aware of what it means in specific circumstances. They could be found guilty of malpractice when they fail to do so. Examples include combining funds from clients with their own or using settlement proceeds to pay personal expenses, or failing to exercise basic due diligence.

Another instance of legal malpractice includes failure to file a lawsuit within the statute of limitations, ignoring deadlines for filing with the court and not adhering to the Rules of Professional Conduct. Attorneys are also required to disclose any significant conflicts of interest. This means that they have to inform clients of any financial or personal interest that could influence their judgment when representing them.

Attorneys must also adhere to the instructions of their clients. Attorneys must follow the instructions of clients, unless it is clear that the action would not be beneficial.

To prevail in a malpractice suit the plaintiff must show that the lawyer breached their duty of care. It can be difficult to prove that the defendant's lapses or actions caused harm. It is not enough to demonstrate that the attorney's wrongful actions resulted in a bad outcome. A malpractice attorneys claim must also prove that there was a substantial probability that the plaintiff's case could have been settled if the defendant had followed normal procedures.