How to Sue Your Attorney for Malpractice

To sue your attorney for negligence, you must show that their breach of duty caused legal, monetary or other negative consequences for you. You must show an immediate connection between the attorney's negligence and the negative result.

Legal malpractice does not cover issues of strategy. If you lose a case due to your lawyer did not submit the lawsuit on time, this could be an act of malpractice.

Fraud in the use of funds

One of the most popular types of legal malpractice law firm involves the misuse of funds by a lawyer. Lawyers have a fiduciary obligation with their clients and are required to act with a high degree of trust and fidelity, especially when dealing with money or other property that the client has handed over to them.

If a client pays a retainer to their attorney, the attorney is required to place that money into a separate escrow account specifically destined for the purpose of the case only. If the attorney combines the account with their own personal funds or utilizes it for any other purpose this is a blatant breach of fiduciary duty, and could be considered legal misconduct.

Imagine, for example that a customer hires an attorney to represent him in a lawsuit filed against a driver who hit them as they crossed the street. The client has the ability to prove driver's negligence as well as that the collision resulted in the injuries they sustained. The lawyer, however, fails to comply with the law and is not able to file the case in time. The lawsuit is dismissed, and the party who was injured is financially harmed because of the lawyer's mistake.

The statute of limitations limit the amount of time you can bring a lawsuit against a lawyer for malpractice. It is often difficult to determine when an injury or loss was caused by negligence of the lawyer. A New York attorney who is proficient in malpractice law can explain the statute of limitation and help you decide if you have a case which is suitable for a lawsuit.

Failure to adhere to the rules of professional conduct

Legal malpractice is when an attorney fails to adhere to generally accepted professional standards, Malpractice Lawsuit and causes harm to the client. It requires the same four elements as the majority of torts, which are an attorney-client relationship, a duty, a breach, and proximate causation.

Some common instances of misconduct include a lawyer mixing trust and personal account funds, failing to timely file suit within the time limit, taking on cases in which they aren't competent, not performing a conflict-check, and not staying up to date with court proceedings or new developments in law that may affect the case. Lawyers also have a duty to communicate with clients in a reasonable manner. This does not only include emails and faxes, but also resolving telephone calls promptly.

Attorneys are also able to commit fraud. This can be done in a variety of ways, such as lying to the client or anyone else involved in the case. In this situation it is crucial to have the facts on hand so that you can determine if the attorney was being insincere. A violation of the attorney-client agreement occurs when an attorney is able to handle an issue that is not within their expertise without informing the client of this or suggesting they seek independent counsel.

Failure to Advise

If a client engages an attorney, it means they've reached a point where their legal situation is beyond their ability and experience, and they can no longer resolve it on their own. The lawyer is required to inform clients of the merits of the case, the potential risks and costs involved, as well as their rights. Lawyers who fail to provide this advice could be held accountable.

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

It is possible to bring a lawsuit against an attorney for negligence, but a plaintiff must prove that they have suffered real financial losses because due to the negligence of the attorney. These losses must be documented. This requires evidence, such as client files and emails, or other correspondence between an attorney and a customer, and Malpractice Lawsuit also bills. In the event of fraud or theft, an expert witness may be required to examine the case.

Failure to Follow the Law

Attorneys are required to adhere to the law and know how it applies in specific circumstances. They could be found guilty of malpractice in the event that they fail to follow. Examples include commingling client funds with their own or using settlement proceeds to pay personal expenses, or not performing basic due diligence.

Other instances of legal malpractice include failing to file a suit within the time limit, missing court filing deadlines and not complying with the Rules of Professional Conduct. Attorneys must disclose any conflicts of interests. They must inform clients of any financial or personal interests which could affect their judgment when representing them.

Attorneys are also required to follow the instructions of their clients. Attorneys must follow instructions from clients unless it is obvious that the action will not be beneficial.

To win a malpractice lawsuit the plaintiff must prove that the lawyer has violated his duty of care. This isn't easy, as it requires showing that the defendant's actions, or inaction, caused damages. It is not enough to show that the attorney's negligence resulted in a bad outcome. A malpractice claim must prove that there was a significant likelihood that the plaintiff's lawsuit would have been successful if the defendant had followed the standard procedure.