How to Sue Your Attorney for Malpractice

To bring a lawsuit against an attorney for negligence, you must to prove that the breach caused financial, legal or other consequences for you. You must prove that there was a direct link between your attorney's negligence and the negative result.

Legal malpractice is not a matters of strategy. If you lose a case due to your lawyer was not able to file the lawsuit within the timeframe this could be considered malpractice.

Misuse of funds

A misuse of funds by a lawyer is one of the most widespread types of legal fraud. Lawyers are legally bound by a fiduciary responsibility to their clients and must act with integrity and fidelity when handling funds or other assets that the client has trusted them with.

If a client pays a retainer, their lawyer is required to put the money into an separate escrow account designated for that case's purpose only. If the attorney co-mingles the account with their own personal funds or makes use of it for other purposes this is a blatant breach of fiduciary responsibility and could constitute legal negligence.

Imagine, for example the scenario where a client hires an attorney to represent him in a lawsuit 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 show that the accident caused their injuries. But, their lawyer violates the statute of limitations and is in a position to file the lawsuit within the timeframe. Thus, the lawsuit is dismissed and the injured party is liable for financial losses as a result of the lawyer's error.

The statute of limitations limit the time that you can pursue a lawyer's malpractice. It is often difficult to determine when an injury or loss was due to the negligence of the lawyer. A qualified New York attorney with experience in the field of Malpractice lawyers law can explain the statute of limitations to you and assist you to determine if your case is a good fit for a legal malpractice suit.

Failure to follow the Rules of Professional Conduct

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

A few common 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, taking on cases where they aren't competent, not conducting a proper conflict check, as well as not keeping up to date with court proceedings or any new developments in law that could affect the case. Lawyers must communicate with their clients in a reasonable way. This doesn't only apply to emails and faxes and also includes answering phone calls promptly.

Attorneys are also able to commit fraud. It can be done in various ways, which includes lying to the client or to anyone involved in a case. It is important to know the facts to determine whether the attorney was dishonest. A violation of the attorney-client agreement occurs when an attorney takes an issue that is not within their area of expertise without advising the client or informing them to seek out independent counsel.

Inability to advise

If a client engages an attorney, this means they've reached a stage where their legal problem is beyond their capabilities or experience and they are no longer able to resolve it by themselves. Lawyers are required to inform clients of the importance of the case, the risks and costs involved, as well as their rights. If a lawyer fails to comply with this requirement, they could be found guilty of malpractice.

Many legal malpractice cases result from poor communication between attorneys and their clients. Attorneys may not respond to the phone or fail inform their clients of a specific decision they made on their behalf. An attorney might also neglect to share important information about the case or fail reveal any problems that may arise from an transaction.

It is possible to sue an attorney for negligence, however, a client must show that they suffered real financial losses because of the lawyer's negligence. The losses have to be documented, which requires documents such as client files email correspondence, other correspondence between the lawyer and the client, as well as bills. In the event of fraud, or theft an expert witness could be required to examine the case.

Failure to Follow the Law

Attorneys must abide by the law and be aware of what it means in specific situations. They could be found guilty of misconduct if they don't. Examples include combining client funds with their own or using settlement proceeds to pay personal expenses, or failing to perform basic due diligence.

Other instances of legal malpractice include failing to file a suit within the statute of limitation or missing deadlines for filing with the court and not complying with the Rules of Professional Conduct. Attorneys are also required to disclose any conflicts of interests. This means that they must inform clients of any financial or personal interest that could influence their judgment in representing them.

Additionally, attorneys are required to abide by the instructions of their clients. Attorneys are required to follow the directions of clients unless it is obvious that the action will not be beneficial.

In order to prevail in a malpractice case the plaintiff must prove that the lawyer has violated his duty of care. It can be difficult to prove that the defendant's actions or actions caused damage. It is not enough to demonstrate that the attorney's wrongful actions caused a negative outcome. 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 standard procedures.