How to Sue Your Attorney for Malpractice

To bring a lawsuit against an attorney for malpractice law firm, you have to show that the breach caused financial, legal or other implications for you. It's not enough to show that the attorney's negligence was bad and you must prove an immediate link between the breach and the unfavorable outcome.

Strategy-related issues do not count as legal malpractice but if your lawyer fails to file a lawsuit in time and you lose the case it could be a case of malpractice.

Inappropriate use of funds

The misuse of funds by a lawyer is among the most frequent forms of legal negligence. Attorneys are legally bound by a fiduciary responsibility to their clients, and must behave with trust and fidelity when handling money or any other property that the client has given them.

If a client pays retainer fees, their lawyer is required to put the money into an separate escrow account specifically designated for the specific purpose of the case only. If the lawyer uses the escrow fund to pursue personal goals or mix it with their own funds the attorney is in breach of their fiduciary obligations and could be charged with legal malpractice.

As an example, suppose that a customer hires their attorney to represent them in an action against a motorist who struck them as they were walking along the street. The client is able to prove that the driver was negligent and can prove that the accident caused their injuries. Their lawyer misses the statute and is unable to file the case in time. The lawsuit is dismissed and the victim suffers a financial loss because of the lawyer's error.

The statute of limitations limit the amount of time you can pursue a lawyer's malpractice. It can be a challenge to calculate when an injury or loss is caused by the negligence of an attorney. A qualified New York attorney with experience in the field of malpractice law can explain the time limit to you and help determine if your situation is a good candidate for a legal malpractice suit.

Failure to follow the professional rules of conduct

Legal malpractice is when a lawyer fails to adhere to the generally accepted standards of professional practice and results in 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 the proximate cause.

Some typical examples of malpractice include a lawyer mixing trust and personal account funds, failing to timely bring suit within the timeframe set by the statute of limitations and assuming cases where they are not competent, failing to conduct an investigation into conflicts, and not keeping up to date with court proceedings or new developments in the law that could impact the case. Lawyers are also required to communicate with clients in a reasonable way. This is not limited to emails and faxes, but also answering phone calls promptly.

Attorneys are also able to commit fraud. This could be done by lying to the client, or any other person who is involved in the investigation. In this scenario it is imperative to have all the facts at your possession to determine if the lawyer was insincere. It's also a violation of the attorney-client agreement if an attorney decides to take on cases that are outside of their area of expertise and fails to inform the client of this or suggest they seek out separate counsel.

Inability to inform

When a client employs a lawyer, it signifies that their legal situation has become beyond their skill and knowledge. They cannot resolve the issue by themselves. It is the job of the lawyer to provide advice to clients regarding the benefits of a case as well as the risks and costs associated with it, and their rights. If a lawyer fails to do this could be held accountable.

Many legal malpractice Lawyer claims stem from of poor communication between attorneys and their clients. For instance an attorney may not return phone calls or fail to inform their clients of a decision made on their behalf. An attorney may also be unable to disclose important information about an instance or fail to divulge any issues with transactions.

It is possible to sue an attorney for negligence, but the client must show that they suffered financial losses due to of the negligence of the lawyer. These losses must be documented, which requires evidence like client files email correspondence, other correspondence between the attorney and the client, as well bills. In the event of fraud or theft An expert witness could be needed to investigate the case.

Inability to Follow the Law

Attorneys must be in compliance with the law and be aware of how it applies to specific situations. If they fail to do so and they don't, they could be found guilty of malpractice lawyer. Examples include mixing client funds with their own, or using settlement proceeds to pay personal expenses, or not performing basic due diligence.

Another example of legal malpractice is the failure to file a lawsuit within the timeframe of limitations, failing to meet deadlines for filing court documents and not adhering to the Rules of Professional Conduct. Attorneys must also declare any conflicts of interest. They must inform clients of any personal or financial interest which could affect their judgment when representing them.

Finally, attorneys are obligated to abide by the instructions of their clients. Attorneys must follow the instructions of clients unless it is evident that the action is not beneficial.

In order to prevail in a malpractice suit the plaintiff has to prove that the lawyer violated their duty of care. This can be difficult because it requires proving that the defendant's actions, or inaction, caused damages. It isn't enough to demonstrate that the attorney's wrongful actions caused a negative outcome. A malpractice claim must also demonstrate that there was a high likelihood that the plaintiff's lawsuit would have been successful if the defendant had followed normal procedures.