How to Sue Your Attorney for Malpractice

To claim a lawyer's malpractice, you have to prove that the breach of duty caused financial, legal or other implications for you. It's not enough to prove the attorney's negligence was negligent and you must prove that there is a direct connection between the breach and the undesirable outcome.

Strategy-related issues do not count as legal malpractice however, if your lawyer fails to submit a lawsuit on time and you lose the case it could be a case of malpractice.

Use of funds in a fraudulent way

One of the most prevalent types of legal cordele malpractice law firm involves a lawyer's misuse of funds. Lawyers have a fiduciary connection with their clients and are expected to behave with a high degree of trust and fidelity, especially when handling money or other property that the client has left to them.

When a client makes retainer to their lawyer, the lawyer is required to put the money in a separate escrow account designated for that case's purpose only. If the attorney combines the account with their personal funds or makes use of it for any other purpose that is a clear violation of fiduciary duty and could be considered legal fraud.

As an example, suppose that a client hires an attorney to represent them in an action against a driver who hit them as they were walking across the street. The client is able to prove the driver's negligence and that the collision resulted in the injuries they sustained. The lawyer however violates the law and is unable file the case in time. The lawsuit is dismissed, and the party who was injured suffers a financial loss because of the lawyer's mistake.

The statute of limitations limit the time that you can bring a lawsuit against a lawyer for malpractice. It is often difficult to determine when an injury or loss was caused by the attorney's negligence. A licensed New York attorney with experience in the field of malpractice law will be able to explain the time limit to you and help you determine if your situation is suitable for a legal malpractice suit.

Failure to Follow the Rules of Professional Conduct

Legal malpractice is when a lawyer fails to follow generally accepted professional standards and results in harm to the client. It is a requirement of the four elements of most torts: an attorney-client relation as well as breach of duty and the proximate cause.

A few examples of malpractice include the lawyer mixing personal and trust funds, failing to timely to file suit within the statutes of limitations, taking cases where they are not competent, failing to carry out an investigation into conflicts and not keeping up to the latest court proceedings, or any new developments in law that could affect the case. Lawyers must communicate with their clients in a reasonable way. This does not only include email and faxes, but also returning telephone calls promptly.

Attorneys can also commit fraud. This can be done by lying to the client, or any other person who is involved in the case. In this situation, it is important to have all the facts at hand so that you can determine if the attorney was untruthful. It's also a violation of the attorney-client contract if an attorney decides to take on a case that is outside of their area of expertise and fails to inform the client of this or recommend seeking separate counsel.

Failure to Advise

When a client hires an attorney, it indicates that they've reached the point where their legal situation is beyond their own skill and experience and they are unable to solve it by themselves. The lawyer is required to inform clients about the advantages of the case, the potential risks and costs involved, and their rights. When an attorney fails to perform this, they could be liable for malpractice.

Many legal indianola malpractice law firm claims stem from a lack of communication between lawyers and their clients. For example attorneys may not return phone calls or fail to inform their clients of a decision they made on their behalf. A lawyer may also fail to disclose important information about a case or fail to disclose known problems with the transaction.

It is possible to claim a lawyer's negligence, however, a client must prove that they have suffered real financial losses because of the lawyer's negligence. The losses should be documented. This requires evidence, such as client files and emails, or other correspondence between an attorney and a client, as well bills. In the case of fraud or theft An expert witness could be required to review the case.

Inability to Follow the Law

Attorneys must abide by the law and understand how it applies to specific situations. If they don't then they could be accused of misconduct. Examples include mixing funds from clients with theirs using settlement proceeds to pay for personal expenses and failing to exercise basic due diligence.

Other instances of legal misconduct include failure to file a suit within the statute of limitations, missing court filing deadlines and not complying with the Rules of Professional Conduct. Attorneys must disclose any conflicts of interests. This means that they have to inform clients of any personal or financial concerns that could impact their judgment when representing them.

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

To win a malpractice lawsuit the plaintiff must show that the lawyer acted in violation of his duty of care. It can be difficult to prove that the defendant's actions or actions caused harm. It isn't enough to demonstrate that the attorney's wrongful actions resulted in a bad outcome. A malpractice claim must prove that there was a significant probability that the plaintiff's case would have been won if the defendant had followed standard procedures.