How to Sue Your Attorney for Malpractice

To claim a lawyer's malpractice, it is necessary to show that the breach of duty caused financial, legal, or other consequences for you. You must demonstrate that there is a direct link between the attorney's negligence and the negative result.

Legal malpractice does not cover issues of strategy. However, if you lose a case because your lawyer didn't file the lawsuit within the timeframe this could be considered negligence.

Use of funds in a fraudulent way

One of the most frequent kinds of legal malpractice is the misuse of funds by lawyers. Attorneys are bound by a fiduciary obligation to their clients and must behave with trust and fidelity when handling money or other assets that the client has entrusted them with.

When a client makes a retainer to their attorney, the lawyer must put that money into a separate escrow account designated for that case's purpose only. If the lawyer utilizes the escrow funds for personal reasons or mixes it with their own funds, they are in violation of their fiduciary duty and could be accused of legal negligence.

Imagine, for example the scenario where a client hires an attorney to represent the client in a lawsuit filed against a driver who hit them as they crossed the street. The client has evidence that the driver was negligent and is able to demonstrate that the collision caused their injuries. The lawyer, however, violates the law and is not able to file the case in time. Thus, the lawsuit is dismissed and the victim is liable for financial losses because of the lawyer's mistake.

The time to sue an attorney for negligence is governed by a statute that limits the time for suing which can be a challenge to calculate in a situation where a loss or injury resulted from the negligence of the attorney. A reputable New York attorney with experience in the field of malpractice law can explain the time limit to you and help you determine if your case is a good fit for a legal malpractice lawsuit.

Disobedience to the Rules of Professional Conduct

Legal malpractice occurs when an attorney does not adhere to generally accepted standards of professional conduct, and causes harm to the client. It requires the four elements of most torts: an attorney-client relationship as well as breach of duty and proximate cause.

Some examples of malpractice are the lawyer mixing personal and trust funds, failing to timely to file suit within the timeframes, pursuing cases where they are not competent, failing to carry out an effective conflict check, and not staying up to the latest court proceedings or any other developments in law that could impact the case. Lawyers also have a duty to communicate with clients in a fair manner. This does not only include emails and faxes, but also answering phone calls promptly.

Attorneys can also commit fraud. This can be done by lying to the client or any other person who is involved in the case. It is important to know the facts in order to determine whether the attorney was deceitful. It's also a violation of the contract between attorney and client if an attorney takes on an issue that is outside of their area of expertise and does not inform the client of this or advise them to seek separate counsel.

Failure to Advise

When a client employs an attorney, it implies that their legal issues have been beyond their expertise and experience. They are unable to resolve it by themselves. It is the job of the lawyer to inform clients about the merits of a particular case in addition to the costs and risk involved and their rights. When an attorney fails to do this, they may be liable for malpractice.

Many legal malpractice cases result from poor communication between attorneys and their clients. An attorney might not return a calls or fail to inform their clients about a specific decision made in their behalf. An attorney may also not communicate important information regarding a case or fail to inform clients of issues in an transaction.

It is possible to claim a lawyer's negligence, but the client must prove that they suffered real financial losses because 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 as well as bills. In the event of fraud, or theft an expert witness could be needed to investigate the case.

Inability to Follow the Law

Attorneys must be in compliance with the law and understand what it means in specific situations. If they don't and they don't, they could be found guilty of misconduct. Examples include combining client funds with their own, or using settlement proceeds for personal expenses, and failing to perform basic due diligence.

Other examples of legal malpractice include failure to file a suit within the statute of limitations and not filing the suit by the deadlines set by the court and not complying with the Rules of Professional Conduct. Attorneys are also required to disclose any material conflicts of interests. They must inform clients of any financial or personal interest that could affect their judgment when representing them.

Attorneys are also required to follow instructions from their clients. Attorneys must follow the instructions of clients unless it is clear that the act is not beneficial.

To win a malpractice lawsuit (written by highwave.kr) the plaintiff must demonstrate that the lawyer did not fulfill his duty of care. It can be challenging to prove that the defendant's inaction or actions caused damage. It is not enough to demonstrate that the attorney's wrongful actions caused a bad result. A malpractice claim must prove that there was a substantial likelihood that the plaintiff's case would have been successful if the defendant had followed the standard procedure.