How to Sue Your Attorney for Malpractice

To bring a lawsuit against an attorney for negligence, you need to prove that the breach resulted in negative financial, legal or other implications for you. It is not enough to show that the negligence of your attorney was injurious; you must also show an immediate link between the breach and the negative outcome.

Legal malpractice does not include matters of strategy. If you lose a case due to your lawyer didn't file the lawsuit within the timeframe This could be considered to be negligence.

Misuse of Funds

One of the most frequent kinds of legal malpractices is the misuse by a lawyer of funds. Lawyers are bound by a fiduciary obligation to their clients and must act with integrity and fidelity when handling funds or other property the client has entrusted them with.

When a client pays a retainer to their attorney, the lawyer must put that money into a separate escrow account that is specifically destined for the purpose of the case only. If the lawyer co-mingles the account with personal funds or uses it for other purposes it is a clear breach of fiduciary duty, and could constitute legal malpractice.

Imagine, for instance, that a client hires an attorney to represent them in the case of a driver who hit them while they were crossing the street. The client is able to prove the driver's negligence and that the collision resulted in the injuries they sustained. Their lawyer, however, misses the statute and is not able to file the case on time. Thus, the lawsuit is dismissed and the victim suffers financial loss due to the lawyer's mistake.

The time for suing an attorney for malpractice is limited by a statute-of-limitations which can be a challenge to determine in cases where a loss or injury was the result of the negligence of the attorney. A competent New York attorney with experience in malpractice law can explain the time limit to you and help determine if your situation is a good candidate for a legal malpractice suit.

Disobedience to the Rules of Professional Conduct

Legal malpractice is the case when a lawyer doesn't follow generally accepted professional standards and causes harm to the client. It requires the same four elements as most torts, including an attorney-client relationship, a duty, a breach, and proximate cause.

A few examples of malpractice include a lawyer mixing their personal and trust funds, failing timely to file suit within the statute of limitations, pursuing cases in which they are not competent, failing to perform an investigation into conflicts and not being up to date on court proceedings, or any new legal developments that could affect the case. Lawyers are required to communicate with their clients in a fair and reasonable manner. This doesn't only apply to email and faxing, but also includes returning phone calls in a timely manner.

Attorneys can also commit fraud. This can occur in various ways, including lying to the client or anyone else involved in the case. It is essential to understand the facts to determine if the attorney was untruthful. It also constitutes a breach of the contract between attorney and client if an attorney is assigned an issue that is outside of their area of expertise and does not inform the client of this or recommend seeking separate counsel.

Inability to inform

When a client engages an attorney, it indicates that their legal situation has been beyond their expertise and knowledge. They are unable solve the issue themselves. The lawyer is required to inform clients about the merits of the case, the risks and costs involved, as well as their rights. If an attorney does not do this, they could be guilty of malpractice.

Many legal malpractice claims stem from of poor communication between attorneys, and their clients. For instance, an attorney might not return phone calls or fail to inform their clients of a decision made on their behalf. An attorney might also neglect to disclose important information about a case or fail to disclose known problems with a transaction.

It is possible to bring a lawsuit against an attorney for negligence, however, a client must prove that they suffered financial losses as a result due to the negligence of the attorney. These losses must be documented, which requires evidence such as client files emails, client files, and other correspondence between the attorney and the client, and bills. In the event of fraud or theft An expert witness could be required to review the case.

Inability to Follow the Law

Attorneys are required to follow the law and know how it applies in specific situations. They could be found guilty of malpractice in the event that they fail to follow. Examples include mixing funds from clients with their own and using settlement proceeds to pay for personal expenses, and not doing basic due diligence.

Other examples of legal misconduct include failure to file a lawsuit within the time limit and not filing the suit by the deadlines set by the court and not adhering to the Rules of Professional Conduct. Attorneys are also obligated to disclose any significant conflicts of conflicts of interest. They must disclose to clients any financial or personal interest that could influence their judgement when representing them.

Attorneys are also required to adhere to the instructions of their clients. If a client instructs the attorney to take specific actions then the attorney must follow the instructions unless there is an obvious reason that it is not beneficial or even feasible.

To prevail in a Malpractice Lawyer lawsuit, the plaintiff has to prove that the lawyer has violated his duty of care. This can be a challenge, as it requires showing that the defendant's actions or inaction caused damages. It's also not enough to prove the result of the attorney's negligence was negative in order for a malpractice lawyers claim to succeed, it needs to be proven that there is an extremely high chance that the plaintiff could have won the case in the event that the defendant had followed standard practice.