How to Sue Your Attorney for Malpractice

If you want to sue your attorney for malpractice, you must prove that the breach of duty led to legal, monetary or other negative effects for you. You must establish a direct connection between the attorney's incompetence and the negative outcome.

The nuances of strategy don't count as legal malpractice but the lawyer you hire fails to file a lawsuit within the timeframe and you lose the case, it could be a case of malpractice.

Inappropriate use of funds

One of the most prevalent kinds of legal malpractice is a lawyer's misuse of funds. Lawyers have a fiduciary obligation with their clients and are expected to behave with the utmost trust and fidelity, particularly when dealing with money or other property that the client has entrusted to them.

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

For instance, suppose that a customer hires their attorney to represent them in the case of a driver who hit them while they were walking across the street. The client is able to prove that the driver was negligent, and can prove that the accident caused their injuries. Their lawyer, however, misses the statute and is unable file the case on time. The lawsuit is dismissed and the injured party is liable for financial loss as a result of the lawyer's error.

A statute of limitations limits the time that you can claim a lawyer's negligence. It can be a challenge to determine when the loss or injury was caused by negligence of the lawyer. A qualified New York attorney with experience in malpractice law can explain the statute of limitations to you and help determine if your case is a good candidate for a legal malpractice suit.

Do not follow the rules of professional conduct

Legal malpractice occurs when a lawyer fails to adhere to generally accepted professional standards and results in harm to the client. It is required to meet the four components of most torts: an attorney-client relationship as well as breach of duty and the proximate cause.

Some examples of malpractice are the lawyer combining their personal and trust funds, failing to timely to file a suit within the time limits, taking cases in which they're not competent, not conducting an examination of conflicts and not staying up to the current court proceedings or any recent legal developments that could affect the case. Lawyers have a responsibility to communicate with their clients in a reasonable manner. This is not limited to emails and faxes, but also the ability to return phone calls promptly.

Attorneys are also able to commit fraud. It can be done in a variety of ways, including lying to the client or malpractice to anyone involved in a case. It is crucial to know the facts so that you can determine whether the attorney was insincere. A violation of the attorney-client agreement occurs when an attorney takes cases outside their expertise without informing the client about it or advising them to seek independent counsel.

Inability to provide advice

If a client decides to hire an attorney, malpractice this means they've reached a point at which their legal situation is beyond their capabilities and experience and that they are no longer able to resolve it on their own. It is the lawyer's duty to provide advice to clients regarding the advantages of a case, the costs and risks involved and their rights. If an attorney fails to comply with this requirement, they could be found guilty of malpractice.

Many legal malpractice cases result due to poor communication between attorneys and their clients. For instance an attorney may not return phone calls or fail to inform their clients of a decision they made on their behalf. An attorney might not be able to communicate crucial details regarding a case, or fail to 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 have to be documented, which will require evidence such as files of the client emails, correspondence between the lawyer and the client, as well bills. In the event of fraud, or theft, an expert witness may be required to look into the case.

Failure to Follow the Law

Attorneys are bound by the law and know the way it is applied in particular circumstances. They could be found guilty of malpractice when they fail to do so. Examples include mixing client funds with their own using settlement proceeds to pay for personal expenses, and failing to exercise basic due diligence.

Other examples of legal malpractice include failure to file a suit within the statute of limitations, missing court filing deadlines and not adhering to the Rules of Professional Conduct. Attorneys must also disclose any conflicts of interest. They must inform clients of any personal or financial interest that could influence their judgement when representing them.

Attorneys are also required to adhere to the instructions of their clients. If a customer instructs them to take particular action, the attorney must follow those instructions unless there's an obvious reason that it would not be beneficial or feasible.

To prevail in a malpractice lawsuit the plaintiff has to prove that the lawyer breached their duty of care. This isn't easy, since it requires proof that the defendant's actions or negligence caused damages. It's also not enough to show that the result of the negligence of the attorney was bad to be able to prove a malpractice claim. to succeed, it needs to be proved that there is a high probability that the plaintiff would have won their case when the defendant had acted in accordance with the standard procedure.