How to Sue Your Attorney for Malpractice

To sue your attorney on charges of malpractice, you have to prove that their negligence caused financial, legal or other negative effects for you. You must establish a direct connection between the attorney's negligence and the negative outcome.

Matters of strategy do not qualify as legal malpractice, however, if your lawyer does not file a lawsuit within the timeframe and you lose the case, it could be a case of malpractice.

Misuse of funds

A misuse of funds by lawyers is among the most frequent forms of legal fraud. Lawyers are legally bound by a fiduciary responsibility to their clients and must act with integrity and fidelity when handling funds or other assets that the client has entrusted them with.

When a client pays retainer to their lawyer, the lawyer is required to put the money in a separate escrow account specifically designated for the specific purpose of the case only. If the lawyer co-mingles the escrow account with their own personal funds or uses it for any other purpose that is a clear breach of the fiduciary obligation and could result in legal fraud.

Imagine, for instance the scenario where a client hires an attorney to represent the client in a lawsuit filed against a driver whose car hit them as they crossed the street. The client can prove the driver's negligence and that the collision caused their injuries. Their lawyer misses the statute and is unable file the case on time. The lawsuit is dismissed, and the person who was injured suffers a financial loss because of the lawyer's mistake.

A statute of limitation limits the time you have to sue an lawyer for malpractice. It can be difficult to determine if an injury or loss is caused by negligence of the lawyer. A reputable New York attorney with experience in malpractice law can explain the time limit to you and help determine if your case is suitable for a legal malpractice lawsuit suit.

Failure to follow the rules of professional conduct

Legal malpractice is the case when a lawyer doesn't adhere to the generally accepted standards of professional practice and causes harm to the client. It has the same four elements as the majority of torts: an attorney-client relationship, a duty, a breach, and proximate causality.

Some examples of malpractice are the lawyer combining their personal and trust funds, Malpractice lawyers failing to file a suit within the statute of limitations, pursuing cases where they are not competent, failing to carry out an examination of conflicts and not staying up to the current court proceedings or any new legal developments that could affect the case. Lawyers are required to communicate with their clients in a reasonable way. This isn't just limited to email and fax and includes also returning phone calls in a timely manner.

It is also possible for attorneys to commit fraud. This can be done by lying to the client, or any other person who is involved in the investigation. It is essential to understand the facts so that you can determine if the attorney was insincere. It also constitutes a breach of the attorney-client agreement if an attorney decides to take on an issue that is outside of their area of expertise and fails to inform the client about this or suggest they seek out separate counsel.

Inability to advise

If a client engages an attorney, it means they've reached the point where their legal situation is beyond their ability and experience and that they can no longer resolve it by themselves. The lawyer is required to inform clients of the merits of the case, the risks and costs involved, and their rights. An attorney who fails to do this could be guilty.

Many legal malpractice claims stem from of poor communication between lawyers and their clients. An attorney might not return a phone call or fail to inform their clients about a specific decision taken on their behalf. An attorney might not also communicate vital details about a case or not disclose any known issues in the transaction.

A client can sue an attorney if they have suffered financial losses as a result of the negligence of the lawyer. The losses must be documented, which will require evidence such as files of the client emails, client files, and other correspondence between the attorney and the client, as well as bills. In the event of fraud, or theft an expert witness could be required to examine 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 fail to do so then they could be accused of malpractice Lawyers. Examples include mixing funds from clients with their own using settlement proceeds to pay for personal expenses and not doing basic due diligence.

Another instance of legal misconduct is failure to file a lawsuit within the timeframe of limitations, missing deadlines for filing in court, and malpractice lawyers not following the Rules of Professional Conduct. Attorneys must disclose any conflicts of interests. This means that they have to inform clients of any financial or personal interests that could affect their decision-making process when representing them.

Finally, attorneys are obligated to follow instructions from their clients. If a client instructs them to take particular action then the attorney must follow those instructions unless there is any reason that suggests it is not beneficial or even feasible.

To prevail in a malpractice suit the plaintiff has to prove that the lawyer breached their duty of care. This can be difficult, since it requires proving the defendant's actions or inaction resulted in damages. It is not enough to prove that the attorney's error led to a poor outcome. A malpractice claim must prove that there was a significant probability that the plaintiff's case would have been successful if the defendant had followed standard procedures.