How to Sue Your Attorney for Malpractice

To bring a lawsuit against an attorney for negligence, you must to prove that the breach of duty caused financial, legal, or other consequences for you. It is not enough to demonstrate that the attorney's negligence was negligent; you must also show a direct link between the breach and the unfavorable outcome.

Legal malpractice does not include matters of strategy. If you lose a case due to your lawyer didn't file the lawsuit within the timeframe this could be considered malpractice.

Inappropriate use of funds

One of the most popular types of legal malpractice involves the misuse of funds by lawyers. Lawyers have a fiduciary connection with their clients and are expected to act with the utmost trust and fidelity, particularly when handling funds or other property that the client has entrusted to them.

When a client pays their retainer to a lawyer, they are required by law to put that money in a separate escrow account that is exclusively specifically used for the particular case. If the lawyer co-mingles the escrow account with personal funds, or uses it for other purposes this is a blatant breach of the fiduciary obligation and could result in legal malpractice Lawyers.

Imagine, for instance the scenario where a client hires an attorney to represent him in a lawsuit against a driver whose vehicle was struck by them as they crossed the street. The client can prove the driver's negligence and that the accident caused their injuries. But, their lawyer violates the statute of limitations and is incapable of bringing the case in time. The lawsuit is dismissed and the person who was hurt suffers financial losses as a result of the lawyer's error.

The time limit to sue an attorney for negligence is governed by a statute of limitations which can be a challenge to determine in cases where an injury or loss occurred as the result of the attorney's negligence. A competent New York attorney with experience in the field of malpractice law can explain the statute of limitations to you and assist you to determine if your case is a suitable candidate for a legal malpractice lawyers suit.

Do not follow the professional rules of conduct

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

Some examples of malpractice are the lawyer combining their personal and trust funds, failing to file a suit within the statutes of limitations, taking cases in which they're not competent, failing to perform an investigation into conflicts and not being up to the latest court proceedings, or any new legal developments that could impact the case. Lawyers are required to communicate with their clients in a reasonable way. This isn't just limited to email or fax and also includes responding to phone calls promptly.

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 situation, it is important to have the facts on the hands of the investigator to determine if the lawyer was being dishonest. It also constitutes a breach of the attorney-client contract if an attorney takes on an assignment that is not within the scope of their area of expertise and fails to inform the client about this or suggest that they seek separate counsel.

Failure to provide advice

When a client hires an attorney, it implies that their legal situation has become beyond their skill and experience. They are unable to solve the problem by themselves. The lawyer's job is to inform clients of the merits of a particular case, the costs and risks involved and their rights. When an attorney fails to do this, they could be guilty of malpractice.

Many legal malpractice claims are the result of poor communication between attorneys, and their clients. For example attorneys may not answer phone calls or fail to inform their clients of a decision made on their behalf. A lawyer may also fail to disclose important information about the case or fail to disclose known problems with a transaction.

It is possible to sue an attorney for negligence, however, a client must prove that they suffered financial losses as a result due to the negligence of the attorney. The losses must be documented. This requires evidence, such as client files and emails, or any other correspondence between an attorney and a client as well as bills. In cases involving theft or fraud it could also be necessary to get an expert witness to look into the case.

Failure to Follow the Law

Attorneys must abide by the law and be aware of how it applies to specific circumstances. If they don't or don't, they could be accused of malpractice. Examples include mixing client funds with their own and using settlement proceeds to pay for personal expenses and failing to exercise basic due diligence.

Another instance of legal malpractice includes failure to file a lawsuit within the statute of limitations, not meeting deadlines for filing with the court and not adhering to the Rules of Professional Conduct. Attorneys are also obligated to disclose any conflict of interests. This means they must inform clients of any personal or financial interests that could affect their decision-making process when representing them.

Attorneys are also required to comply with the directions of their clients. Attorneys must abide by the instructions of clients unless it is clear that the decision would not be beneficial.

In order to win a malpractice suit, the plaintiff has to prove that the lawyer violated his duty of care. It isn't easy to prove that the defendant's actions or actions caused damage. It is not enough to prove that the attorney's negligence led to a poor outcome. A malpractice claim must also prove that there was a substantial chance that the plaintiff's claim would have been won if the defendant had followed standard procedures.