How to Sue Your Attorney for Malpractice

To sue your attorney on charges of malpractice, you must prove that the breach of duty resulted in legal, monetary or other negative consequences for you. You must show a direct connection between the attorney's negligence and the negative results.

The nuances of strategy don't count as legal malpractice law firm however, the lawyer you hire fails to submit a lawsuit on time and you lose the case, that could be a form of malpractice.

The misuse of funds

Misuse of funds by a lawyer is among the most prevalent forms of legal malpractice. Lawyers have a fiduciary obligation with their clients and are expected to act with the highest degree of trust and Vimeo fidelity, especially when dealing with money or other property that the client has handed over to them.

If a client is required to pay their retainer and the lawyer is required by law to deposit the money into an escrow fund that is only specifically used for the particular case. If the attorney co-mingles the account with their personal funds or utilizes it for other purposes, this is a clear breach of fiduciary duty, and could be considered legal malpractice.

Imagine, for instance that a customer hires an attorney to represent him in a suit filed against a motorist whose car was struck by them as they crossed the street. The client is able to prove that the driver was negligent and can show that the accident caused their injuries. Their lawyer misses the statute and is unable to file the case in time. The lawsuit is dismissed and the victim suffers a financial loss because of the lawyer's error.

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 resulted from the attorney's negligence. A New York attorney who is skilled in malpractice law will be able to explain the statute of limitations and help you decide if you have a case that is eligible for a lawsuit.

Infractions to the professional rules of conduct

Legal malpractice is when an attorney fails to adhere to generally accepted standards of professional conduct, and causes harm to the client. It requires the same four elements that are common to all torts, including an attorney-client relationship as well as a duty, breach, and proximate cause.

Some examples of malpractice include a lawyer mixing trust and personal account funds, failing in time to bring suit within the time limit and assuming cases where they are not competent, not conducting a conflict-check, and not keeping up to date on court proceedings or new developments in law that could affect the case. Lawyers are also required to communicate with clients in a timely manner. This doesn't just mean the use of faxes and email, but also the ability to return phone calls promptly.

It is also possible for attorneys to engage in fraud. This can be done in a variety of ways, such as lying to the client or anyone involved in a case. It is crucial to know the facts in order to determine if the attorney was dishonest. It's also a violation of the attorney-client contract when an attorney accepts an issue that is outside of their expertise and does not inform the client about this or suggest that they seek separate counsel.

Inability to advise

When a client hires an attorney, this means they have reached the stage where their legal problem is beyond their expertise and experience and that they are unable to solve it on their own. The lawyer's job is to inform clients about the merits of a case, the costs and risks involved and their rights. A lawyer who fails to do this could be held accountable.

Many legal malpractice claims are the result 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 taken on their behalf. A lawyer may also fail to communicate important details about a case or fail to disclose known problems with the transaction.

It is possible to bring a lawsuit against an attorney for negligence, but a plaintiff must prove they were able to recover financial losses as a result due to the negligence of the attorney. The losses must be documented, which requires evidence such as client files emails, client files, and other correspondence between the lawyer and the client, as well as bills. In cases involving fraud or theft it could be necessary to have an expert witness examine the case.

Failure to Follow the Law

Attorneys are obligated to follow the law and comprehend how it applies in specific situations. They could be found guilty of malpractice if they don't. Examples include combining funds from clients with their own, vimeo or using settlement proceeds for personal expenses, and failing to exercise basic due diligence.

Another instance of legal malpractice includes the failure to file a lawsuit within the timeframe of limitations, ignoring court filing deadlines and not adhering to the Rules of Professional Conduct. Attorneys must also disclose any conflicts of interest. This means that they have to inform clients of any personal or financial interests that could affect their judgment 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 follow the instructions unless there is any reason that suggests it would not be beneficial or even feasible.

In order to win a malpractice suit the plaintiff must show that the lawyer breached their duty of care. This can be a challenge, as it requires showing that the defendant's actions or inaction resulted in damages. It isn't enough to show that the attorney's negligence resulted in a bad outcome. A malpractice claim must prove that there was a substantial chance that the plaintiff's claim would have been won if the defendant had followed the standard procedure.