How to Sue Your Attorney for Malpractice

To pursue an attorney's malpractice, it is necessary to prove that the breach of duty had negative legal, financial, or other consequences for you. You must show a direct connection between the attorney's incompetence and the negative outcome.

Strategy-related issues do not count as legal malpractice but if your lawyer fails to file a lawsuit on time and you lose the case that could be a sign of malpractice.

Use of funds in a fraudulent way

A misuse of funds by a lawyer is one of the most frequent types of legal malpractice. Attorneys are bound by a fiduciary duty to their clients and must behave with confidence and fidelity when handling money or other property the client has entrusted them with.

When a client makes a payment for their retainer to a lawyer, they are required by law to keep that money into an fund for escrow that is exclusively intended for the specific case. If the attorney makes use of the escrow fund to pursue personal goals or mix it with their own funds and funds, they are in breach of their fiduciary duty and could be accused of legal malpractice.

Imagine, for instance that a customer hires an attorney to represent him in a lawsuit filed against a motorist whose car struck them when they crossed the street. The client has proof that the driver was negligent, and can show that the accident caused their injuries. However, their lawyer fails to comply with the statute of limitations and is not able to file the case within the timeframe. The lawsuit is dismissed, and the injured party suffers a financial loss because of the lawyer's mistake.

The statute of limitations restricts the time it takes to claim a lawyer's negligence. This can be difficult to calculate 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 assist you to determine if your situation is a suitable candidate for a legal malpractice lawsuit.

Do not follow the rules of professional conduct

Legal malpractice is when an attorney does not follow generally accepted professional standards and causes harm to the client. It is based on the same four elements as the majority of torts, including an attorney-client relationship, a duty, a breach, and proximate causation.

Some examples of malpractice attorneys are lawyers who mix personal and trust funds, failing timely to file suit within the statute of limitations, pursuing cases in which they are not competent, failing to perform an effective conflict check, and not being up-to the latest court proceedings, or any new legal developments that could impact the case. Lawyers also have a duty to communicate with clients in a reasonable way. This is not limited to email or fax as well as responding to phone calls promptly.

Attorneys can also commit fraud. This can be done by lying to the client, or anyone else involved in the case. It is essential to learn the facts to determine if the attorney is untruthful. A violation of the attorney-client agreement occurs when an attorney is able to handle an action outside of their area of expertise without informing the client or advising them to seek independent counsel.

Failure to provide advice

If a client decides to hire an attorney, this means they have reached the stage where their legal issue is beyond their own skill and experience and they are unable to solve it by themselves. The lawyer has a duty to inform clients about the advantages of the case, the potential risks and costs involved, as well as their rights. A lawyer who fails to do this could be found guilty.

Many legal malpractice claims stem due to poor communication between attorneys and their clients. An attorney may not return the phone or fail inform their clients of a specific decision they made on their behalf. A lawyer may also fail to disclose important information about the case or fail identify any issues with the transaction.

It is possible to sue an attorney for Malpractice Lawsuit negligence, but a plaintiff must prove that they have were able to recover financial losses as a result due to the negligence of the attorney. These losses must be documented, which will require documents such as client files emails, correspondence between the attorney and the client, and bills. In the event of fraud or theft An expert witness could be required to examine the case.

Failure to Follow the Law

Attorneys must abide by the law and understand what it means in specific circumstances. They could be found guilty of misconduct if they do not. Examples include mixing client funds with their own, or using settlement proceeds for personal expenses, and not performing basic due diligence.

Other examples of legal malpractice include failing to file a suit within the statute of limitation and not filing the suit by the deadlines set by the court and not observing the Rules of Professional Conduct. Attorneys must disclose any conflicts of interests. They must disclose to clients any financial or personal interests which could affect their judgment when representing them.

Attorneys must also follow the instructions of their clients. If a client directs them to take particular action an attorney must follow the instructions, unless there's an obvious reason why it is not beneficial or possible.

To win a malpractice lawsuit the plaintiff must prove that the lawyer violated his duty of care. It isn't easy to prove that the defendant's inaction or actions caused damage. It's not enough to prove that the result of the negligence of the attorney was bad to be able to prove a malpractice claim. to be successful, it must be shown that there is a high probability that the plaintiff could have won their case should the defendant followed the accepted practice.