How to Sue Your Attorney for Malpractice

To sue an attorney for negligence, you need to prove that the breach caused financial, legal or other consequences for you. It's not enough to demonstrate that the negligence of your attorney was injurious but you must also prove an immediate link between the breach and the undesirable outcome.

The nuances of strategy don't constitute 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.

The misuse of funds

A misuse of funds by lawyers is one of the most frequent types of legal malpractice. Lawyers are in a fiduciary relationship with their clients and are required to behave with a high level of trust and fidelity, especially when dealing with funds or other property that the client has given to them.

When a client pays a retainer, their lawyer is required to deposit the money in a separate escrow account designated for that case's purpose only. If the attorney makes use of the escrow account for personal purposes or co-mingles it with their own funds the attorney is in breach of their fiduciary obligations and could be charged with legal misconduct.

For instance, suppose that a customer hires their attorney to represent them in the case of a driver who hit them as they were crossing the street. The client is able to prove that the driver was negligent and can prove that the collision caused their injuries. Their lawyer misses the statute and is not able to 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 to sue an attorney for negligence is governed by a statute of limitations which can be difficult to determine in a situation where an injury or loss resulted from the attorney's negligence. A qualified New York attorney with experience in malpractice law can explain the statute of limitations to you and assist you determine if your case is a suitable candidate for a legal malpractice suit.

Failure to follow the Rules of Professional Conduct

Legal malpractice is when an attorney fails to adhere to the generally accepted standards of professional conduct, and harms the client. It has the same four elements of most torts, which include an attorney-client relationship, a duty, a breach, and proximate causation.

A few examples of malpractice lawyers include the lawyer combining their personal and trust funds, failing timely to file a suit within the statute of limitations, pursuing cases in which they aren't competent, failing to perform an effective conflict check, and not being up-to the current 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 is not limited to emails and faxes and also includes returning telephone calls in a timely manner.

It is also possible for attorneys to engage in fraud. It can be done by lying to the client or any other person who is involved in the investigation. In this case it is essential to have the facts on the hands of the investigator to determine if the lawyer was being untruthful. It also constitutes a breach of the attorney-client agreement if an attorney takes on an assignment that is not within the scope of their expertise and fails to inform the client of this or recommend seeking separate counsel.

Inability to inform

When a client employs an attorney, it means they have reached the point at which their legal situation is beyond their capabilities or experience and they can no longer resolve it on their own. It is the lawyer's duty to provide advice to clients regarding the benefits of a case, the costs and risks involved, as well as their rights. If a lawyer fails to do so may be held accountable.

Many legal malpractice claims are the result of poor communication between attorneys and their clients. An attorney might not return a calls or fail to inform their clients of a particular decision that they have made on their behalf. An attorney could not also communicate vital details regarding a particular case, or fail to disclose known issues with a transaction.

It is possible to claim a lawyer's negligence, malpractice lawsuit but a plaintiff must prove that they have suffered financial losses as a result of the lawyer's negligence. These losses must be documented, which will require evidence like client files emails, correspondence between the lawyer and the client, as well as bills. In the case of fraud or theft, an expert witness may be required to look into the case.

Inability to Follow the Law

Attorneys must follow the law, and know the law's implications for specific circumstances. If they fail to do so, they could be guilty of malpractice. Examples include commingling client funds with their own or using settlement proceeds to pay personal expenses, or failing to exercise basic due diligence.

Other examples of legal malpractice are failure to file a lawsuit within the time limit and not filing the suit by the deadlines set by the court and not observing the Rules of Professional Conduct. Attorneys are also obligated to disclose any significant conflicts of interest. This means they must inform clients of any financial or personal interest that could influence their judgment when representing them.

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

To win a malpractice lawsuit, the plaintiff has to show that the lawyer acted in violation of his duty of care. This can be a challenge, as it requires showing that the defendant's actions, or inaction, caused damages. It is not enough to prove that the attorney's negligence led to a poor outcome. A malpractice claim must also demonstrate that there was a significant likelihood that the plaintiff's lawsuit would have been successful if the defendant had followed normal procedures.