How to Sue Your Attorney for Malpractice

To bring a lawsuit against an attorney for malpractice, it is necessary to prove that the breach of duty caused financial, legal or other consequences for you. It's not enough to prove that the attorney's negligence was bad but you must also prove an unambiguous link between the breach and the undesirable outcome.

Matters of strategy do not constitute legal malpractice, but if your lawyer does not file a lawsuit on time and you lose the case this could be a type of malpractice.

Fraud in the use of funds

One of the most prevalent kinds of legal malpractices is the misuse of funds by lawyers. Lawyers have a fiduciary connection with their clients and are expected to behave with a high level of trust and fidelity, particularly when dealing with money or other property that the client has given to them.

When a client pays their retainer, the lawyer is required by law to keep that money into an funds that are only utilized for that particular case. If the attorney makes use of the escrow account for personal purposes or co-mingles it with their own funds, they are in violation of their fiduciary obligations and could be accused of legal negligence.

Imagine, for instance, that a customer hires their attorney to represent them in a lawsuit against a driver who hit them while they were walking along the street. The client has the ability to prove driver's negligence as well as that the accident led to their injuries. However, their lawyer is not aware of the statute of limitations and is in a position to file the lawsuit in time. Consequently, the lawsuit is dismissed and the person who was hurt suffers financial losses as a result of the lawyer's mistake.

The statute of limitations restricts the time you have to bring a lawsuit against a lawyer for malpractice. It can be a challenge to determine when the loss or injury was caused by negligence of the lawyer. A licensed New York attorney with experience in the field of malpractice law can explain the statute of limitations to you and assist you determine if your case is a good fit for a legal malpractice lawsuit.

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 inflicts harm on the client. It requires the four elements of most torts: an attorney-client relationship the breach of a duty and proximate cause.

Some typical examples of misconduct include a lawyer mixing trust and personal account funds, failing to file a lawsuit within the timeframe set by the statute of limitations or taking on cases in which they are not competent, not conducting a proper conflict check, as well as not being up-to-date with court proceedings or any new developments in law that could impact the case. Lawyers have a responsibility to communicate with their clients in a reasonable manner. This does not only include emails and faxes as well as returning phone calls in a timely manner.

It is also possible for lawyers to engage in fraud. It can be done by lying to the client or any other person who is involved in the case. In this scenario it is crucial to have the facts on the hands of the investigator to determine if the lawyer was insincere. It is also a breach of the attorney-client contract if an attorney decides to take on an issue that is outside of their area of expertise and fails to inform the client about this or advise them to seek separate counsel.

Inability to provide advice

When a client engages a lawyer, it means that their legal situation has become beyond their skill and experience. They are unable to resolve it themselves. The lawyer is required to inform clients of the importance of the case, the risks and costs involved, as well as their rights. Lawyers who fail to do this may be liable.

Many legal malpractice cases stem from a lack of communication between lawyers and their clients. For instance an attorney may not return calls or fail to inform their clients of a decision taken on their behalf. An attorney might not be able to communicate crucial details regarding a case, or fail to reveal any issues with transactions.

It is possible to bring a lawsuit against an attorney for negligence, however, a client must show that they suffered financial losses due to of the negligence of their lawyer. These losses should be documented. This requires evidence, like client files and emails or any other correspondence between an attorney and a customer, as well bills. In cases of fraud or theft An expert witness could be required to look into the case.

Inability to Follow the Law

Attorneys are bound by the law and comprehend how it applies in specific situations. They could be found guilty of malpractice if they don't. Examples include combining funds from clients with their own or using settlement proceeds for personal expenses, or not performing basic due diligence.

Another type of legal malpractice is failure to file a lawsuit within the statute of limitations, missing deadlines for filing with the court and not observing the Rules of Professional Conduct. Attorneys must also disclose any conflicts of interests. They must inform clients of any financial or personal interest that could influence their judgement when representing them.

Attorneys are also required to follow the instructions of their clients. If a customer instructs them to take a specific action, the attorney must follow the instructions unless there is any reason that suggests it is not beneficial or possible.

To win a birdsboro malpractice lawsuit lawsuit the plaintiff must demonstrate that the lawyer violated their duty of care. This can be a challenge, since it requires proof that the defendant's actions, or inaction, caused damages. It is not enough to prove that the attorney's error caused a negative outcome. A malpractice claim must also prove that there was a significant likelihood that the plaintiff's lawsuit would have been successful if the defendant followed standard practices.