How to Sue Your Attorney for Malpractice

To claim a lawyer's negligence, you must to prove that the breach of duty resulted in negative financial, legal or other consequences for you. You must prove that there is a direct link between the attorney's negligence and the negative results.

Strategy-related issues do not be considered legal malpractice, but if your lawyer fails to file a lawsuit within the timeframe and you lose the case that could be a sign of malpractice.

The misuse of funds

One of the most common types of legal malpractice involves a lawyer's misuse of funds. Lawyers have a fiduciary connection with their clients and are expected to behave with the utmost trust and fidelity, particularly when handling funds or other property that the client has given to them.

When a client is required to pay retainer to their lawyer, the lawyer is required to put that money into a separate escrow account designated for that case's purpose only. If the attorney combines the escrow account with their own personal funds or uses it for any other purpose that is a clear violation of fiduciary duty and could constitute legal misconduct.

For instance, suppose that a customer hires their attorney to represent them in an action against a motorist who hit them while they were crossing the street. The client is able to prove that the driver was negligent and is able to prove that the accident caused their injuries. The lawyer, however, fails to comply with the law and is unable to file the case on time. Thus, the lawsuit is dismissed and the victim suffers financial loss because of the lawyer's error.

A statute of limitations limits the time that you can sue an lawyer for malpractice. It is often difficult to calculate when an injury or loss was due to the negligence of the lawyer. A New York attorney who is proficient in malpractice law can explain the statute of limitations and assist you in determining if you are eligible for an action.

Do not follow the professional rules of conduct

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

A few common examples of malpractice are a lawyer mixing their personal and trust account funds, failing to file a lawsuit within the statute of limitations or taking on cases where they aren't competent, failing to conduct an investigation into conflicts, and not being up-to-date with court proceedings or any new developments in law that could affect the case. Lawyers are also required to communicate with clients in a fair manner. This includes not just emails and faxes, but also resolving telephone calls promptly.

It is also possible for lawyers to engage in fraud. This can occur in various ways, which includes lying to the client or anyone else involved in the case. In this case it is crucial to have the facts on the hands of the investigator to determine if the attorney was being untruthful. It also constitutes a breach of the attorney-client contract when an attorney takes on cases that are outside of their area of expertise and fails to inform the client about this or suggest that they seek separate counsel.

Failure to provide advice

When a client hires an attorney, this means they've reached a stage where their legal issue is beyond their own skill and experience, and they are unable to resolve it by themselves. The lawyer has a duty to inform clients of the advantages of the case, the potential risks and costs involved, as well as their rights. A lawyer who fails to do this may be liable.

Many legal malpractice cases are the result of poor communication between lawyers, and their clients. For instance an attorney may not return phone calls or fail to inform their clients of a decision taken on their behalf. An attorney might also neglect to provide important information regarding the case or fail identify any issues with an transaction.

A client can sue an attorney if they've suffered financial losses due to the negligence of the lawyer. These losses must be documented, which requires evidence like client files email correspondence, other correspondence between the attorney and the client, as well bills. In cases involving fraud or theft, it may also be required to be able to have an expert witness review the case.

Inability to Follow the Law

Attorneys must abide by the law, and know how it applies to specific circumstances. If they don't or don't, they could be accused of misconduct. Examples include mixing client funds with their own or using settlement proceeds to pay personal expenses, and not performing basic due diligence.

Another example of legal malpractice includes failure to file an action within the statute of limitations, ignoring deadlines for filing with the court and not adhering to the Rules of Professional Conduct. Attorneys are also obligated to disclose any conflict of interests. This means that they have to inform clients of any financial or personal interests that might affect their decision-making process when representing them.

Attorneys are also required to adhere to the instructions of their clients. Attorneys must abide by the instructions of clients unless it is obvious that the actions will not be beneficial.

To win a ferndale malpractice attorney lawsuit the plaintiff must prove that the lawyer has violated his duty of care. It isn't easy to prove that the defendant's inaction or actions caused harm. It is not enough to demonstrate that the attorney's wrongful actions caused a bad result. A portsmouth malpractice attorney claim must also demonstrate that there was a high likelihood that the plaintiff's lawsuit could have been won had the defendant had followed standard procedures.