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How to Sue Your Attorney for Malpractice

If you wish to sue your attorney over malpractice, you have to prove that their negligence caused financial, legal or other negative consequences for you. You must show that there was a direct link between your attorney's negligence and the negative results.

Legal Malpractice Lawyers does not cover matters of strategy. If you lose a case because your lawyer failed to submit the lawsuit on time it could be a case of malpractice.

The misuse of funds

A misuse of funds by lawyers is among the most common forms of legal fraud. Attorneys are bound by a fiduciary obligation to their clients, and must behave with trust and fidelity when handling funds or other property that the client has trusted them with.

When a client pays a retainer, their attorney is required to place that money into a separate escrow account specifically for the purpose of that case only. If the attorney co-mingles the account with personal funds or utilizes it for other purposes it is a clear breach of fiduciary duty, and could result in legal fraud.

For instance, suppose that a client hires their attorney to represent them in an action against a motorist who slammed into them as they were crossing the street. The client is able to prove that the driver was negligent, and can prove that the accident caused their injuries. But, their lawyer violates the statute of limitations and is in a position to file the lawsuit in time. The lawsuit is dismissed and the injured party suffers a financial loss because of the lawyer's error.

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

Do not follow the professional rules of conduct

Legal malpractice attorneys is when a lawyer fails adhere to the generally accepted standards of professional practice and causes harm to the client. It entails the same four elements of most torts, including an attorney-client relationship an obligation, a breach, and proximate causation.

A few examples of malpractice include a lawyer mixing their personal and trust funds, failing to file suit within the timeframes, pursuing cases in which they're not competent, failing to perform a conflict check and not being up-to the latest court proceedings or any other legal developments that could impact the case. Lawyers also have a duty to communicate with clients in a reasonable manner. This doesn't just mean email and faxes, but also resolving telephone calls promptly.

Attorneys can also commit fraud. This could be accomplished by lying to the client, or to anyone else involved in the case. It is crucial to know the facts in order to determine if the lawyer was deceitful. It also constitutes a breach of the contract between attorney and client if an attorney accepts cases that are outside of their expertise and fails to inform the client of this or advise them to seek separate counsel.

Failure to Advise

If a client decides to hire an attorney, this means they have reached the point where their legal situation is beyond their own skill and experience and they are unable to solve it on their own. The lawyer is required to inform clients of the merits of the case, the potential risks and costs involved, malpractice lawyers and their rights. If a lawyer fails to do this, they may be liable for malpractice.

Many legal malpractice claims are the result of poor communication between attorneys and their clients. For instance an attorney may not return calls or fail to inform their clients of a decision they made on their behalf. A lawyer may also fail to communicate important details about the case or fail to identify any issues with an transaction.

A client can sue an attorney if they've suffered financial losses due to the negligence of the lawyer. The losses should be documented. This requires evidence, like client files and emails or any other correspondence between an attorney and client, as well bills. In the event of fraud, or theft an expert witness might be required to examine the case.

Inability to Follow the Law

Attorneys are obligated to follow the law and know the law's implications in particular situations. They could be found guilty of misconduct when they fail to do so. Examples include mixing client funds with theirs using settlement proceeds to pay for personal expenses and not doing basic due diligence.

Another type of legal malpractice includes the failure to file an action within the statute of limitations, ignoring deadlines for filing court documents and not observing the Rules of Professional Conduct. Attorneys must declare any conflicts of interest. This means that they must inform clients of any financial or personal interest that could influence their judgment when representing them.

Attorneys are also required to follow the instructions of their clients. If a client asks them to take a specific action an attorney must follow those instructions unless there's an obvious reason to believe that it is not advantageous or is not feasible.

To win a malpractice lawsuit, the plaintiff has to prove that the lawyer violated his duty of care. This isn't easy, because it requires proving that the defendant's actions or inaction resulted in damages. It's not enough to prove the result of the attorney's negligence was negative in order for a malpractice claim to be successful, it must be proven that there is a high probability that the plaintiff could have won the case in the event that the defendant had followed the accepted practice.