How to Sue Your Attorney for Malpractice

If you want to sue your attorney for malpractice, you must prove that their negligence caused financial, legal or other negative effects for you. It is not enough to demonstrate that the negligence of the attorney was a problem; you must also show that there is a direct connection between the breach and the unfavorable outcome.

Legal malpractice does not include issues of strategy. However, if you lose a case because your lawyer was not able to file the lawsuit on time, this could be negligence.

Misuse of Funds

One of the most prevalent types of legal malpractice involves the misuse of funds by a lawyer. Lawyers are in a fiduciary relationship with their clients and are expected to behave with the utmost trust and fidelity, especially when dealing with funds or other property that the client has entrusted to them.

When a client pays a retainer to their attorney, the lawyer is required to put the money in a separate escrow account specifically for the purpose of that case only. If the attorney uses the escrow fund for personal purposes or co-mingles it with their own funds and funds, they are in breach of their fiduciary duties and could be charged with legal misconduct.

Imagine, for example, that a client hired an attorney to represent him in a suit filed against a driver who hit them as they crossed the street. The client has proof that the driver was negligent and is able to prove that the collision caused their injuries. Their lawyer, however, does not follow the law and is unable to file the case in time. The lawsuit is dismissed and the person who was injured is liable for financial loss as a result of the lawyer's error.

The time to sue an attorney for negligence is governed by a statute that limits the time for suing which can be difficult to determine in cases where a loss or injury resulted from the attorney's negligence. A competent New York attorney with experience in malpractice law can explain the statute of limitations to you and assist you to determine if your case is a good candidate for a legal malpractice attorney suit.

Failure to Follow the Rules of Professional Conduct

Legal malpractice is when a lawyer fails adhere to the generally accepted standards of professional practice and causes harm to the client. It is based on the same four elements as the majority of torts, which are an attorney-client relationship as well as a duty, breach, and proximate causation.

Some examples of malpractice are lawyers who mix personal and trust funds, failing to file suit within timeframes, pursuing cases in which they aren't competent, failing to conduct an effective conflict check, and not being up to the latest court proceedings, or any new legal developments that could affect the case. Lawyers have a responsibility to communicate with their clients in a timely manner. This doesn't just mean the use of faxes and email, but also answering phone calls promptly.

Attorneys are also able to commit fraud. It can be done by lying to the client or any other person who is involved in the case. It is essential to understand the facts so you can determine whether the attorney was dishonest. A breach of the attorney-client agreement occurs when an attorney handles an issue that is not within their area of expertise without advising the client or advising them to seek independent counsel.

Failure to Advise

When a client employs a lawyer, it signifies that their legal matter has become beyond their knowledge and knowledge. They are unable solve the issue by themselves. Lawyers are required to inform clients of the merits of the case, the risks and costs involved, as well as their rights. An attorney who fails to provide this advice could be liable.

Many legal malpractice claims stem from of poor communication between attorneys and their clients. For example, an attorney might not return calls or fail to inform their clients of a decision they made on their behalf. A lawyer may also fail to share important information about an instance or fail to disclose known problems with transactions.

It is possible to bring a lawsuit against an attorney for malpractice, but a client must prove that they were able to recover financial losses as a result due to the negligence of the attorney. The losses should be documented. This requires evidence, like client files and emails, or other correspondence between an attorney and a client, as well as invoices. In the event of theft or fraud it could be necessary to get an expert witness to look into the case.

Inability to Follow the Law

Attorneys must be in compliance with the law and understand how it applies to specific circumstances. If they don't and they don't, they could be found guilty of misconduct. Examples include combining client funds with their own or using settlement proceeds for personal expenses, and failing to exercise basic due diligence.

Another type of legal malpractice includes failure to file a lawsuit within the statute of limitations, not meeting deadlines for filing court documents and not adhering to the Rules of Professional Conduct. Attorneys must also disclose any conflicts of interest. This means that they must inform clients of any personal or financial interest that could influence their decision-making process when representing them.

Attorneys must also follow the instructions of their clients. Attorneys must follow instructions from clients unless it is clear that the actions would not be beneficial.

In order to win a malpractice lawsuit the plaintiff must demonstrate that the lawyer breached their duty of care. This can be a challenge, as it requires showing that the defendant's actions or inaction caused damages. It is not enough to show that the attorney's negligence resulted in a bad outcome. A malpractice claim must also prove that there was a substantial likelihood that the plaintiff's case would have been won if the defendant had followed normal procedures.