How to Sue Your Attorney for Malpractice

To bring a lawsuit against an attorney for negligence, you must to show that the breach of duty had negative legal, financial or other repercussions for you. You must establish that there was a direct link between your 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 on time and you lose the case it could be a case of malpractice.

The misuse of funds

Fraud in the handling of funds by lawyers is one of the most common types of legal malpractice. Attorneys are bound by a fiduciary obligation to their clients and must behave with confidence and fidelity when handling money or other property the client has given them.

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

For example, imagine that a customer hires their attorney to represent them in a lawsuit against a driver who hit them while they were walking across the street. The client is able to prove the driver's negligence and that the accident led to their injuries. But, their lawyer violates the deadline and is in a position to file the lawsuit within the timeframe. Consequently, the lawsuit is dismissed and the person who was hurt is financially harmed because of the lawyer's mistake.

A statute of limitations limits the amount of time you can bring a lawsuit against a lawyer for malpractice. It is often difficult to determine if an injury or loss was caused by negligence of the lawyer. A competent New York attorney with experience in malpractice law can explain the statute of limitations to you and assist you to determine if your case is a good candidate for a legal malpractice lawsuit.

Do not follow the professional rules of conduct

Legal malpractice is when a lawyer fails adhere to the generally accepted standards of professional practice and results in harm to the client. It entails the same four elements as most torts: an attorney-client relationship as well as a duty, breach, and proximate causality.

A few common examples of malpractice include a lawyer who has a personal and trust account funds, failing to file a lawsuit within the statute of limitations or taking on cases where they aren't competent, failing to conduct a conflict-check, and not being up-to-date on court proceedings or new developments in the law that may affect the case. Lawyers also have a responsibility to communicate with clients in a reasonable way. This doesn't only apply to email and fax and also includes returning phone calls promptly.

Attorneys can also commit fraud. This could be accomplished by lying to the client or anyone else involved in the case. It is important to know the facts in order to determine if the lawyer was dishonest. A violation of the attorney-client agreement occurs when an attorney handles a case outside their area of expertise without informing the client about it or suggesting they seek independent counsel.

Inability to advise

When a client engages an attorney, it implies that their legal situation has been beyond their expertise and knowledge. They are unable to resolve it on their own. It is the job of the lawyer to provide advice to clients regarding the merits of a case, the costs and risks involved and their rights. If a lawyer fails to do this may be guilty.

Many legal malpractice claims stem due to poor communication between attorneys and their clients. For instance, an attorney might not answer phone calls or fail to notify their clients of the decision made on their behalf. A lawyer may also fail to share important information about the case or fail disclose known problems with the transaction.

It is possible to bring a lawsuit against an attorney for negligence, however, a client must show that they suffered financial losses as a result of the lawyer's negligence. The losses should be documented. This requires evidence, like client files and emails or any other correspondence between an attorney and a client as well as invoices. In cases of theft or fraud, it may also be required to engage an expert witness to review the case.

Failure to Follow the Law

Attorneys are bound by the law and know the laws that apply to specific situations. If they don't then they could be accused of de soto malpractice lawsuit. Examples include combining client funds with their own, or using settlement proceeds to pay personal expenses, or failing to perform basic due diligence.

Another type of legal malpractice is failure to file a lawsuit within the statute of limitations, ignoring deadlines for filing in court or not adhering to the Rules of Professional Conduct. Attorneys are also required to disclose any conflict of conflicts of interest. This means that they must inform clients of any personal or financial interests that might affect their judgment when representing them.

Attorneys are also required to adhere to the instructions of their clients. Attorneys must abide by the instructions of clients unless it is clear that the actions would not be beneficial.

To prevail in a malpractice lawsuit the plaintiff must demonstrate that the lawyer violated their duty of care. This can be a challenge, because it requires proving that the defendant's actions or negligence caused damages. It is not enough to demonstrate that the attorney's wrongful actions caused a bad result. A malpractice claim must also prove that there was a substantial likelihood that the plaintiff's lawsuit could have been settled if the defendant had followed normal procedures.