How to Sue Your Attorney for Malpractice

If you wish to sue your attorney over malpractice, you must prove that their negligence caused financial, legal or other negative effects for you. It is not enough to show that the attorney's negligence was bad but you must also prove a direct link between the breach and the unfavorable outcome.

Legal malpractice attorneys does not cover matters of strategy. If you lose a case because your lawyer failed to file the lawsuit on time, this could be malpractice.

The misuse of funds

One of the most frequent kinds of legal malpractice is the misuse of funds by a lawyer. Lawyers are bound by a fiduciary obligation to their clients and must act with trust and fidelity when handling funds or other assets that the client has given them.

When a client pays their retainer, the lawyer is required by law to deposit the money in a separate fund for escrow that is exclusively utilized for that particular case. If the attorney combines the account with personal funds, or uses it for any other purpose that is a clear breach of the fiduciary obligation and could be considered legal negligence.

For instance, suppose that a client hires an attorney to represent them in an action against a motorist who hit them while they were crossing the street. The client can prove that the driver was negligent and could prove that the collision caused their injuries. However, their lawyer misses the statute of limitations and is in a position to file the lawsuit within the timeframe. Therefore, the case is dismissed and the person who was hurt is liable for financial losses because of the lawyer's error.

The statute of limitations restricts 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 is caused by negligence of the lawyer. A New York attorney who is experienced in malpractice law will be able to explain the statute of limitation and assist you in determining if you are eligible for an action.

Inability to follow the Rules of Professional Conduct

Legal malpractice occurs when an attorney fails to adhere to generally accepted professional standards and harms the client. It is the result of four elements of most torts: an attorney-client relation, a duty, breach and the proximate cause.

A few examples of malpractice include the lawyer mixing personal and trust funds, failing timely to file suit within the timeframes, pursuing cases where they are not competent, failing to perform an examination of conflicts and not being up-to the current court proceedings or any new developments in law that could affect the case. Lawyers are required to communicate with their clients in a timely manner. This does not only include emails and faxes and also includes returning telephone calls promptly.

Attorneys are also able to commit fraud. This can be done by lying to the client, or any other person involved in the investigation. It is important to know the facts to determine if the attorney is dishonest. It is also a breach of the attorney-client contract when an attorney takes on an issue that is outside of their expertise and does not inform the client of this or recommend seeking separate counsel.

Inability to advise

When a client hires an attorney, it implies that their legal issues have become beyond their knowledge and experience. They are unable to solve the problem themselves. It is the attorney's responsibility to inform clients of the merits of a case as well as the risks and costs associated with it, and their rights. Lawyers who fail to do this could be guilty.

Many legal malpractice law firm cases are the result of poor communication between attorneys, and their clients. Attorneys may not respond to the phone or fail inform their clients of a certain decision that they have made on their behalf. An attorney may also be unable to share important information about an instance or fail to disclose known problems with the transaction.

It is possible to sue an attorney for negligence, however, a client must prove that they have suffered real financial losses because due to the negligence of the attorney. The losses must be documented, which requires evidence like client files, emails and other correspondence between the attorney and the client, as well bills. In the event of fraud or theft an expert witness might be required to examine the case.

Failure to Follow the Law

Attorneys are required to adhere to the law and understand how it applies in specific circumstances. They could be found guilty of misconduct in the event that they fail to follow. Examples include mixing funds from clients with theirs and using settlement proceeds to pay for personal expenses, and not performing basic due diligence.

Other instances of legal malpractice include failing to file a suit within the statute of limitations or missing deadlines for filing with the court and not adhering to the Rules of Professional Conduct. Attorneys must also disclose any conflicts of interests. They must disclose to clients any financial or personal interest that might affect their judgment when representing them.

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

To win a malpractice lawsuit the plaintiff must prove that the lawyer has violated his duty of care. This can be a challenge, because it requires proving that the defendant's actions or inaction caused damages. It's not enough to prove that the result of the attorney's negligence was negative and for a malpractice case to be successful, it has to be proven that there is an excellent chance that the plaintiff would have prevailed when the defendant had acted in accordance with standard practice.