How to Sue Your Attorney for Malpractice

To sue an attorney for negligence, you need to prove that the breach of duty had negative legal, financial, or other consequences for you. It's not enough to demonstrate that the attorney's negligence was negligent; you must also show that there is a direct connection between the breach and the undesirable outcome.

Legal altus malpractice law firm does not cover matters of strategy. However, if you lose a case due to your lawyer was not able to submit the lawsuit on time, this could be the result of malpractice.

Use of funds in a fraudulent way

One of the most popular types of legal malpractice is the misuse of funds by a lawyer. Attorneys are required to fulfill a fiduciary duty to their clients, and must behave with trust and fidelity when handling funds or other assets that the client has given them.

When a client pays retainer to their lawyer, the lawyer is required to deposit the money into an separate escrow account that is specifically designated for the specific purpose of the case only. If the attorney combines the escrow account with their own personal funds, or uses it for other purposes this is a blatant breach of fiduciary duty, and could be considered legal fraud.

Imagine, for instance that a customer hires an attorney to represent him in a suit filed against a motorist whose car hit them as they crossed the street. The client has the ability to prove driver's negligence and the collision caused the injuries they sustained. Their lawyer, however, violates the law and is unable to file the case in time. Consequently, the lawsuit is dismissed and the injured party is financially harmed because of the lawyer's mistake.

The statute of limitations restricts the time it takes to claim a lawyer's negligence. It is often difficult to calculate when an injury or loss was due to the negligence of the lawyer. A reputable New York attorney with experience in the field of malpractice law will be able to explain the time limit to you and help determine if your case is suitable for a legal malpractice lawsuit.

Failure to adhere to the professional rules of conduct

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

A few common examples of malpractice include mixing their personal and trust account funds, failing to timely file a lawsuit within the statute of limitations and assuming cases where they aren't competent, not conducting a proper conflict check, as well as not keeping up to date with court proceedings or other developments in the law that could affect the case. Lawyers are also required to communicate with clients in a reasonable way. This is not limited to the use of faxes and email, but also the ability to return phone calls promptly.

It is also possible for attorneys to engage in fraud. This could be done by lying to the client, or anyone else involved in the case. It is important to know the facts so you can determine if the attorney was dishonest. A breach of the attorney-client agreement occurs when an attorney handles an issue that is not within their area of expertise without advising the client or soliciting independent counsel.

Inability to advise

When a client hires an attorney, it indicates that they've reached a point where their legal situation is beyond their own skill or experience and they are unable to solve it on their own. The lawyer's job is to provide advice to clients regarding the benefits of a case, the costs and risks involved and their rights. If an attorney does not comply with this requirement, they could be found guilty of Covington Malpractice Lawsuit.

Many legal malpractice claims arise because of poor communication between lawyers and their clients. For example an attorney may not return phone calls or fail to notify their clients of the decision made on their behalf. Attorneys may also fail to provide important information regarding the case or fail to disclose known problems with the transaction.

It is possible to bring a lawsuit against an attorney for negligence, but the client must prove that they have were able to recover financial losses as a result of the negligence of the lawyer. These losses must be documented, which will require evidence such as client files, emails and other correspondence between the lawyer and the client, along with bills. In cases involving theft or fraud it could be necessary to be able to have an expert witness review the case.

Failure to Follow the Law

Attorneys must be in compliance with the law and know what it means in specific circumstances. They could be found guilty of malpractice in the event that they fail to follow. Examples include mixing funds from clients with their own or using settlement funds to pay for personal expenses, and failing to do basic due diligence.

Another instance of legal misconduct includes the failure to file a lawsuit within the timeframe of limitations, not meeting deadlines for filing in court or not adhering to the Rules of Professional Conduct. Attorneys are also obligated to disclose any significant conflicts of interest. This means they must inform clients of any personal or financial concerns that could impact their judgment when representing them.

Attorneys are also required to comply with the directions of their clients. Attorneys are required to follow the directions of clients unless it is evident that the act would not be beneficial.

In order to prevail in a malpractice case, the plaintiff has to prove that the lawyer has violated his duty of care. It can be challenging to prove that the defendant's lapses or actions resulted in damage. It is not enough to prove that the attorney's error caused a bad result. A malpractice claim must also demonstrate that there was a high probability that the plaintiff's case could have been settled if the defendant had followed the standard procedure.