How to Sue Your Attorney for Malpractice

To claim a lawyer's negligence, you must to show that the breach had negative legal, financial, or other consequences for you. It's not enough to prove the attorney's negligence was bad; you must also show an immediate link between the breach and the undesirable outcome.

Matters of strategy do not constitute legal malpractice Lawyer, but the lawyer you hire fails to file a lawsuit in time and you lose the case that could be a sign of malpractice.

The misuse of funds

Fraud in the handling of funds by a lawyer is among the most frequent kinds of legal negligence. Lawyers have a fiduciary obligation with their clients and are expected to act with a high level of trust and fidelity, particularly when handling money or other property that the client has given to them.

If a client pays a retainer to their attorney, the lawyer is required to put the money into a separate escrow account that is specifically for the purpose of that case only. If the lawyer uses the escrow fund for personal purposes or co-mingles it with their own funds it is in violation of their fiduciary obligations and could be accused of legal negligence.

Imagine, for example that a customer hires an attorney to represent him in a lawsuit against a driver whose car struck them when they crossed the street. The client has the ability to prove driver's negligence and that the accident caused their injuries. The 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-limitations which can be a challenge to calculate in a situation where an injury or loss resulted from the attorney's negligence. A licensed New York attorney with experience in malpractice law can explain the time limit to you and assist you to determine if your case is a good fit for a legal malpractice lawsuit.

Failure to follow the rules of professional conduct

Legal malpractice occurs when an attorney does not adhere to the generally accepted standards of professional conduct, and inflicts harm on the client. It has the same four elements as the majority of torts, which are an attorney-client relationship, a duty, a breach, and proximate causality.

A few examples of malpractice include lawyers who mix personal and trust funds, failing to timely to file suit within statutes of limitations, taking cases where they are not competent, failing to perform an examination of conflicts and not staying up to current on court proceedings, or any new developments in law that could affect the case. Lawyers also have a responsibility to communicate with clients in a reasonable way. This includes not just the use of faxes and email, but also resolving telephone calls promptly.

Attorneys can also commit fraud. This could be done by lying to the client or any other person who is involved in the investigation. In this situation it is crucial to have the facts in the hands of the investigator to determine if the lawyer was dishonest. It is also a breach of the attorney-client contract if an attorney accepts an assignment that is not within the scope of their expertise and fails to inform the client of this or suggest they seek out separate counsel.

Failure to Advise

If a client engages an attorney, it is a sign that they've reached a point where their legal situation is beyond their ability and experience and they are unable to resolve it by themselves. The lawyer's job is to advise clients on the benefits of a case as well as the risks and costs involved and their rights. If a lawyer fails to perform this, they could be guilty of malpractice.

Many legal malpractice claims arise because of poor communication between attorneys, and their clients. For instance an attorney may not respond to phone calls or fail to notify their clients of a decision made on their behalf. An attorney might also neglect to communicate important details about the case or fail to disclose known problems with the transaction.

It is possible to sue an attorney for negligence, however, a client must prove they suffered financial losses as a result of the negligence of the lawyer. These losses must be documented. This requires evidence, like email files and client files, or other correspondence between an attorney and a customer, as well bills. In the event of fraud or theft An expert witness could be required to examine the case.

Inability to Follow the Law

Attorneys are bound by the law and know the way it is applied in particular situations. If they don't then they could be accused of malpractice. Examples include mixing client funds with their own, malpractice Lawyer or using settlement proceeds to pay personal expenses, or failing to exercise basic due diligence.

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

In addition, attorneys are required to abide by the instructions of their clients. Attorneys must abide by the instructions of clients unless it is obvious that the decision would not be beneficial.

To win a malpractice suit the plaintiff has to prove that the lawyer breached their duty of care. It can be difficult to establish that the defendant's inaction or actions resulted in damage. It is not enough to prove that the attorney's negligence caused a negative outcome. A malpractice law firms claim must prove that there was a high chance that the plaintiff's claim would have been successful if the defendant had followed the standard procedure.