How to Sue Your Attorney for Malpractice

If you want to sue your attorney for negligence, you must show that their negligence caused legal, monetary or other negative effects for you. You must show that there was a direct link between your attorney's negligence and the negative result.

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

Misuse of Funds

One of the most popular types of legal malpractice is the misuse of funds by lawyers. Lawyers are in a fiduciary relationship with their clients and Malpractice Lawyers are required to act with a high level of trust and fidelity, especially when dealing with money or other property that the client has left to them.

When a client makes a payment for their retainer and the lawyer is required by law to deposit the money into an escrow fund that is only used for that particular case. If the attorney uses the escrow fund for personal use or co-mingles it with their own funds and funds, they are in breach of their fiduciary responsibilities and could be charged with legal misconduct.

Imagine, for instance, that a client hires an attorney to represent them in an action against a driver who hit them while they were walking along the street. The client can prove the driver's negligence and the collision caused their injuries. Their lawyer, however, misses the statute and is unable file the case on time. Therefore, the case is dismissed and the victim is financially harmed as a result of the lawyer's mistake.

The time for suing an attorney for negligence is governed by a statute-of-limitations which can be a challenge to determine in a situation where a loss or injury resulted from the negligence of the attorney. A New York attorney who is skilled in malpractice law will be able to explain the statute of limitation and assist you in determining if you have a case that is eligible for a lawsuit.

Infractions to the professional rules of conduct

Legal malpractice lawyers occurs when an attorney fails to follow generally accepted professional standards and harms the client. It is required to meet the four components of most torts: an attorney-client relation, a duty, breach and proximate cause.

Some examples of malpractice are a lawyer mixing their personal and trust account funds, failing to timely make a claim within the timeframe set by the statute of limitations and taking on cases in which they aren't competent, failing to conduct a conflict check, and Malpractice lawyers not keeping up to date on court proceedings or new developments in law that may affect the case. Lawyers have a responsibility to communicate with their clients in a fair and reasonable manner. This does not only include emails and faxes and also includes answering phone calls in a timely manner.

It is also possible for lawyers to commit fraud. It can be done in a variety of ways, including lying to the client or anyone else involved in the case. In this case it is imperative to have the facts on your possession to determine if the attorney was deceitful. A breach of the attorney-client agreement is when an attorney decides to take an action outside of their area of expertise without informing the client or advising them to seek independent counsel.

Failure to Advise

If a client decides to hire a lawyer, it means that their legal issue has become beyond their knowledge and experience. They cannot resolve the issue on their own. The lawyer's job is to provide advice to clients regarding the advantages of a case as well as the risks and costs associated with it, and their rights. An attorney who fails to do this could be guilty.

Many legal malpractice cases stem from a lack of communication between lawyers and their clients. An attorney might not return a phone calls or fail to inform their clients of a certain decision taken on their behalf. An attorney might also neglect to provide important information regarding the case or fail reveal any problems that may arise from a transaction.

A client may sue an attorney if they have suffered financial losses as a result of the negligence of the lawyer. The losses have to be documented, which will require evidence such as client files emails, client files, and other correspondence between the attorney and the client, as well as bills. In cases of fraud or theft An expert witness could be required to review the case.

Inability to Follow the Law

Attorneys are required to adhere to the law and know the laws that apply to specific circumstances. If they fail to do so, they could be guilty of misconduct. Examples include mixing funds from clients with their own using settlement proceeds to pay for personal expenses and failing to exercise basic due diligence.

Other examples of legal malpractice are failure to file a lawsuit within the time limit, missing court filing deadlines and not following the Rules of Professional Conduct. Attorneys are also obligated to disclose any material conflicts of conflicts of interest. They must inform clients of any financial or personal interest that might affect their judgment when representing them.

Finally, attorneys are obligated to follow the instructions of their clients. If a client directs the attorney to take specific actions then the attorney must follow the instructions, unless there's an obvious reason to believe that it would not be beneficial or feasible.

To prevail in a malpractice lawsuit the plaintiff must demonstrate that the lawyer did not fulfill his duty of care. It can be challenging to prove that the defendant's actions or actions resulted in damage. It's not enough to prove the result of the attorney's negligence was bad; for a malpractice claim to succeed, it must be proved that there is a high likelihood that the plaintiff would have prevailed if the defendant had followed the usual procedure.