How to Sue Your Attorney for Malpractice

To bring a lawsuit against an attorney for malpractice, you have to prove that the breach of duty resulted in negative financial, legal, or other consequences for you. You must demonstrate that there was a direct link between your attorney's negligence and the negative results.

Legal malpractice does not cover issues of strategy. If you lose a lawsuit because your lawyer failed to file the lawsuit on time it could be a case of an act of malpractice.

Misuse of Funds

One of the most popular types of legal bessemer city malpractice law firm involves a lawyer's misuse of funds. Lawyers are legally bound by a fiduciary responsibility to their clients and must behave with trust and fidelity when handling funds or any other property that the client has given them.

When a client pays a retainer to their attorney, the lawyer is required to put that money into a separate escrow account specifically designated for the specific purpose of the case only. If the attorney co-mingles the account with their own personal funds or utilizes it for any other purpose, this is a clear breach of fiduciary responsibility and could constitute legal malpractice.

As an example, suppose that a client hires their attorney to represent them in an action against a driver who struck them as they were crossing the street. The client is able to prove that the driver was negligent, and can show that the accident caused their injuries. The lawyer, however, fails to comply with the law and is unable file the case in time. The lawsuit is dismissed and the injured party suffers financial losses as a result of the lawyer's mistake.

The time frame for suing an attorney for negligence is governed by a statute of limitations which can be a challenge to determine in cases where an injury or loss resulted from the attorney's negligence. A reputable 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 situation is a good candidate for a legal malpractice lawsuit.

Disobedience to the Rules of Professional Conduct

Legal malpractice is when an attorney does not adhere to the generally accepted professional standards, and inflicts harm on the client. It entails the same four elements that are common to all torts, which are an attorney-client relationship as well as a duty, breach, and proximate causality.

A few common examples of malpractice include mixing trust and personal account funds, failing to file suit within the timeframe set by the statute of limitations, taking on cases in which they aren't competent, not conducting a proper conflict check, as well as not keeping up-to-date on court proceedings or new developments in law that could affect the case. Lawyers also have a duty to communicate with clients in a reasonable way. This isn't just limited to emails and faxes, but also includes returning phone calls promptly.

It is also possible for attorneys to commit fraud. This can happen in various ways, which includes lying to the client or to anyone else involved in the case. In this situation it is crucial to have all the facts at the hands of the investigator to determine if the lawyer was deceitful. It also constitutes a breach of the contract between attorney and client if an attorney takes on a case that is outside of their expertise and does not inform the client about this or suggest they seek out separate counsel.

Inability to advise

When a client hires an attorney, it indicates that they have reached the point at which their legal situation is beyond their ability or experience and they are unable to solve it by themselves. It is the job of the lawyer to inform clients of the merits of a particular case in addition to the costs and risk associated with it, and their rights. An attorney who fails to provide this advice could be held accountable.

Many legal brighton malpractice lawyer cases are the result of poor communication between lawyers, and their clients. For instance an attorney may not return calls or fail to inform their clients of a decision they made on their behalf. An attorney may not be able to communicate crucial details about a case or fail to reveal any problems with an transaction.

It is possible to bring a lawsuit against an attorney for negligence, but a plaintiff must prove that they have were able to recover financial losses as a result of the negligence of their lawyer. These losses must be documented. This requires evidence, like email files and client files, or other correspondence between an attorney and a client and also bills. In the event of fraud or theft an expert witness could be required to examine the case.

Inability to Follow the Law

Attorneys are obligated to follow the law and comprehend the laws that apply to specific circumstances. They could be found guilty of misconduct in the event that they fail to follow. Examples include mixing client funds with their own, or using settlement proceeds for personal expenses, or not performing basic due diligence.

Another type of legal malpractice includes the failure to file a lawsuit within the timeframe of limitations, failing to meet court filing deadlines and not observing the Rules of Professional Conduct. Attorneys are also obligated to disclose any significant conflicts of interest. They must disclose to clients any financial or personal interests which could affect their judgment when representing them.

Attorneys are also required to comply with the directions of their clients. Attorneys must follow the instructions of clients unless it is obvious that the act will 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 isn't easy to prove that the defendant's actions or actions caused damage. It's also not enough to show that the result of the attorney's negligence was bad in order for a malpractice claim to succeed, it must be demonstrated that there's a high probability that the plaintiff would have won their case in the event that the defendant had followed standard practice.