How to Sue Your Attorney for Malpractice

If you wish to sue your attorney over Malpractice Lawyer, you must demonstrate that the breach of duty led to financial, legal or other negative outcomes for you. You must establish that there is a direct link between the attorney's negligence and the negative outcome.

Strategies do not constitute legal malpractice law firm, but when your lawyer fails to file a lawsuit on time and you lose the case that could be a form of malpractice.

Use of funds in a fraudulent way

One of the most frequent types of legal malpractice involves the misuse by a lawyer of funds. Lawyers are required to fulfill a fiduciary duty to their clients and must behave with trust and fidelity when handling money or other property the client has trusted them with.

If a client pays a retainer, their lawyer is required to deposit the money in a separate escrow account that is specifically destined for the purpose of the case only. If the attorney combines the account with their personal funds, or uses it for any other purpose this is a blatant breach of the fiduciary obligation and could result in legal fraud.

Imagine, for example that a client hires an attorney to represent the client in a lawsuit filed against a driver whose vehicle hit them as they crossed the street. The client has the ability to prove driver's negligence and the collision resulted in their injuries. Their lawyer, however, violates the law and is unable file the case in time. The lawsuit is dismissed, and the injured party suffers a financial loss because of the lawyer's mistake.

The time frame for suing an attorney for malpractice is limited by a statute of limitation which can be difficult to determine in cases where a loss or injury occurred as the result of the negligence of the attorney. A New York attorney who is skilled in malpractice law can explain the statute of limitation and help you decide if you have a case that qualifies for a lawsuit.

Failure to adhere to the professional rules of conduct

Legal malpractice occurs when an attorney fails to adhere to generally accepted standards of professional conduct, and harms the client. It has the same four elements of most torts, which include an attorney-client relationship, a duty, a breach, and proximate causality.

A few common examples of misconduct include a lawyer who has a personal and trust account funds, failing to file suit within the statute of limitations, taking on cases in which they are not competent, failing to conduct a conflict-check, and not keeping up-to-date on court proceedings or new developments in the law that could affect the case. Lawyers must communicate with their clients in a timely manner. This does not only include email and faxing and includes also returning phone calls in a timely manner.

It is also possible for lawyers to engage in fraud. This could be accomplished by lying to the client, or any other person involved in the case. In this instance it is crucial to have all the facts at hand so that you can determine if the attorney was being untruthful. A breach of the agreement between the attorney and client occurs when an attorney is able to handle an issue that is not within their expertise without informing the client of this or advising them to seek independent counsel.

Inability to inform

When a client engages an attorney, it implies that their legal situation has become beyond their knowledge and knowledge. They cannot resolve the issue on their own. It is the lawyer's duty to inform clients of the advantages of a case along with the costs and risks associated with it, and their rights. Lawyers who fail to do so may be guilty.

Many legal malpractice cases are the result of poor communication between lawyers, and their clients. For example an attorney may not return phone calls or fail to inform their clients of the decision made on their behalf. An attorney might also neglect to communicate important details about an instance or fail to disclose known problems with the transaction.

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

Failure to Follow the Law

Attorneys must be in compliance with the law and be aware of the law's implications for specific circumstances. They could be found guilty of malpractice if they do not. Examples include mixing funds from clients with their own using settlement proceeds to pay for personal expenses and not performing basic due diligence.

Other examples of legal malpractice are failure to file a lawsuit within the statute of limitations, missing court filing deadlines and not complying with the Rules of Professional Conduct. Attorneys must disclose any conflicts of interests. This means they must inform clients of any financial or personal concerns that could impact their decision-making process when representing them.

Attorneys are also required to follow the instructions of their clients. Attorneys must abide by the instructions of clients unless it is clear that the act is not beneficial.

In order to win a malpractice lawsuit the plaintiff must show that the lawyer violated their duty of care. It can be challenging to establish that the defendant's inaction or actions resulted in damage. It's not enough to show that the result of the negligence of the attorney was detrimental to be able to prove a malpractice claim. to be successful, it has to be shown that there is an excellent chance that the plaintiff could have won their case in the event that the defendant had followed standard practice.