How to Sue Your Attorney for Malpractice

To sue your attorney on charges of negligence, you must show that their breach of duty caused financial, legal or other negative effects for you. You must demonstrate that there was a direct link between your attorney's incompetence and the negative outcome.

Matters of strategy do not qualify as legal malpractice, however, if your lawyer fails to file a lawsuit within the timeframe and you lose the case, that could be a sign of malpractice.

Inappropriate use of funds

One of the most popular types of legal malpractice involves a lawyer's misuse of funds. Attorneys have a fiduciary relationship with their clients and are expected to act with the utmost trust and fidelity, particularly when dealing with funds or other property that the client has entrusted to them.

When a client is required to pay retainer to their lawyer, the attorney is required to place the money in a separate escrow account specifically for the purpose of that case only. If the lawyer co-mingles the account with their personal funds, or uses it for any other purpose, this is a clear breach of fiduciary responsibility and could result in legal malpractice.

Imagine, for instance that a customer hires an attorney to represent him in a lawsuit against a driver whose car hit them as they crossed the street. The client has the ability to prove driver's negligence and that the collision resulted in the injuries they sustained. However, their lawyer fails to comply with the deadline and is incapable of bringing the case within the timeframe. The lawsuit is dismissed and the victim is liable for financial loss as a result of the lawyer's mistake.

A statute of limitations limits the time that you can pursue a lawyer's malpractice. It can be a challenge to calculate when an injury or loss was caused by negligence of the lawyer. A New York attorney who is proficient in malpractice law will be able to explain the statute of limitation and assist you in determining if you have a case which is suitable for an action.

Failure to follow the rules of professional conduct

Legal malpractice occurs when an attorney fails to adhere to the generally accepted standards of professional conduct, and causes harm to the client. It requires the same four elements as the majority of torts, which include an attorney-client relationship an obligation, a breach, and proximate causation.

A few common examples of misconduct include a lawyer who has a personal and trust account funds, failing in time to file suit within the timeframe set by the statute of limitations or taking on cases where they are not competent, failing to conduct a conflict check, and not keeping 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 includes not just email and faxes, but also answering phone calls promptly.

It is also possible for attorneys to commit fraud. This can be done in various ways, which includes lying to the client or anyone else involved in the case. It is crucial to know the facts to determine whether the attorney was dishonest. It also constitutes a breach of the attorney-client contract if an attorney accepts an assignment that is not within the scope of their area of expertise and fails to inform the client of this or recommend seeking separate counsel.

Failure to Advise

When a client hires an attorney, it indicates that their legal issues have been beyond their expertise and knowledge. They are unable solve the issue themselves. The lawyer's job is to inform clients about the advantages of a case in addition to the costs and risk involved, as well as their rights. If a lawyer fails to do so may be found guilty.

Many legal malpractice claims result from poor communication between attorneys and their clients. For example attorneys may not answer phone calls or fail to inform their clients of the decision made on their behalf. Attorneys may also fail to provide important information regarding the case or fail disclose known problems with an transaction.

A client can sue an attorney if they've suffered financial losses as a result of the negligence of the lawyer. The losses should be documented. This requires evidence, like client files and emails, or other correspondence between an attorney and client, as well as bills. In cases of theft or fraud it could be necessary to be able to have an expert witness review the case.

Inability to Follow the Law

Attorneys are required to follow the law and comprehend the laws that apply to specific situations. If they don't then they could be accused of misconduct. Examples include mixing funds from clients with their own and using settlement proceeds to pay for personal expenses, and failing to do basic due diligence.

Another example of legal malpractice includes failure to file an action within the statute of limitations, missing deadlines for filing in court and not observing the Rules of Professional Conduct. Attorneys are also obligated to disclose any material conflicts of interest. This means that they have to inform clients of any financial or personal concerns that could impact their judgment in representing them.

Finally, attorneys are obligated to abide by the instructions of their clients. Attorneys are required to follow the directions of clients unless it is clear that the act is not beneficial.

In order to prevail in a malpractice case the plaintiff must prove that the lawyer has violated his duty of care. This can be a challenge, since it requires proving the defendant's actions, or inaction, caused damages. It's not enough to prove that the result of the attorney's negligence was negative; for a malpractice claim to be successful, it has to be proven that there is a high probability that the plaintiff could have won the case in the event that the defendant had followed standard practice.