How to Sue Your Attorney for Malpractice

To sue your attorney on charges of negligence, you must show that their negligence caused legal, monetary or other negative consequences for you. It's not enough to prove the attorney's negligence was negligent but you must also prove an unambiguous link between the breach and the undesirable outcome.

Matters of strategy do not qualify as legal malpractice, but if your lawyer does not file a lawsuit in time and you lose the case, that could be a form of malpractice.

Use of funds in a fraudulent way

One of the most popular kinds of legal malpractice is a lawyer's misuse of funds. Lawyers are bound by a fiduciary duty to their clients, and must behave with trust and fidelity when handling money or other property the client has entrusted them with.

If 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 escrow account with their own personal funds or makes use of it for any other purpose that is a clear breach of fiduciary duty, and could be considered legal negligence.

Imagine, for example that a customer hires an attorney to represent him in a lawsuit against a driver whose car struck them while crossing the street. The client has proof that the driver was negligent and could prove that the accident caused their injuries. Their lawyer does not follow the law and is not able to file the case on time. Therefore, the case is dismissed and the injured party is liable for financial losses as a result of the lawyer's mistake.

The time to sue an attorney for malpractice is limited by a statute of limitation which can be a challenge to calculate in a case where a loss or injury was the result of the attorney's negligence. A New York attorney who is experienced in malpractice law can explain the statute of limitation and assist you in determining whether you have a case that is eligible for a lawsuit.

Infractions to the rules of professional conduct

Legal malpractice is when an attorney does not adhere to the generally accepted professional standards, and harms the client. It is a requirement of the four elements of most torts: an attorney-client relationship the breach of a duty and the proximate cause.

A few examples of malpractice include the lawyer mixing personal and trust funds, failing to file suit within time limits, taking cases in which they're not competent, failing to conduct a conflict check and not being up-to the latest court proceedings, or any new developments in law that could impact the case. Lawyers also have a responsibility to communicate with clients in a timely manner. This isn't just limited to email or fax as well as returning phone calls promptly.

It is also possible for attorneys to commit fraud. This can be done by lying to the client or to anyone else involved in the case. It is important to know the facts so that you can determine if the lawyer was deceitful. A breach of the attorney-client agreement occurs when an attorney takes an action outside of their expertise without advising the client or advising them to seek independent counsel.

Failure to Advise

When a client hires an attorney, it indicates that they have reached the point at which their legal situation is beyond their own skill and experience and that they can no longer resolve it by themselves. It is the attorney's responsibility to inform clients of the merits of a case, the costs and risks involved, as well as their rights. If a lawyer fails to perform this, they could be found guilty of malpractice.

Many legal malpractice attorneys claims arise because of poor communication between lawyers, and their clients. For instance, an attorney might not return calls or fail to notify their clients of the decision made on their behalf. An attorney may not be able to communicate crucial details regarding a particular case, or not disclose any known issues in a transaction.

It is possible to bring a lawsuit against an attorney for malpractice, but a client must prove that they suffered financial losses as a result due to the negligence of the attorney. The losses have to be documented, which will require evidence such as client files emails, client files, and other correspondence between the attorney and the client, as well as bills. In cases involving theft or fraud it could be required to get an expert witness to look into the case.

Failure to Follow the Law

Attorneys must adhere to the law and know what it means in specific circumstances. They could be found guilty of malpractice if they don't. Examples include mixing funds from clients with theirs, using settlement proceeds to pay for personal expenses and not doing basic due diligence.

Other instances of legal misconduct include failure to file a suit within the statute of limitation and missing court filing deadlines and not observing the Rules of Professional Conduct. Attorneys are also obligated to disclose any significant conflicts of interests. They must inform clients of any financial or personal interest that could influence their judgement when representing them.

In addition, attorneys are required to abide by the instructions of their clients. If a client asks them to take particular action the attorney must comply with those instructions unless there is an obvious reason that it is not advantageous or is not feasible.

To win a malpractice lawsuit, the plaintiff has to prove that the lawyer has violated his duty of care. It isn't easy to prove that the defendant's inaction or actions caused damage. It's not enough to show that the result of the attorney's negligence was negative to be able to prove a malpractice claim. to succeed, it must be shown that there is an excellent chance that the plaintiff would have prevailed when the defendant had acted in accordance with the usual procedure.