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How to Sue Your Attorney for Malpractice

If you wish to sue your attorney over malpractice, you must prove that their breach of duty caused legal, monetary or other negative effects for you. It's not enough to show that the negligence of the attorney was a problem; you must also show an unambiguous link between the breach and the resulting outcome.

Matters of strategy do not be considered legal malpractice, however, when your lawyer fails to file a lawsuit within the timeframe and you lose the case that could be a sign of malpractice.

Misuse of Funds

One of the most popular kinds of legal malpractice is a lawyer's misuse of funds. Attorneys are legally bound by a fiduciary responsibility to their clients, and must act with trust and fidelity when handling funds or any other property that the client has trusted them with.

When a client pays a retainer to their attorney, the lawyer is required to deposit the money into a separate escrow account that is specifically designated for the specific purpose of the case only. If the attorney makes use of the escrow fund for personal purposes or co-mingles it with their own funds the attorney is in breach of their fiduciary duties and could be accused of legal negligence.

Imagine, for instance that a client hires an attorney to represent the client in a lawsuit filed against a driver whose vehicle was struck by them as they crossed the street. The client can prove the driver's negligence, and that the collision caused the injuries they sustained. Their lawyer violates the law and is unable to file the case on time. The lawsuit is dismissed, and the party who was injured suffers financial losses as a result of the lawyer's mistake.

A statute of limitations limits the time you have to claim a lawyer's negligence. It can be a challenge to determine when an injury or loss was caused by the attorney's negligence. A New York attorney who is knowledgeable about malpractice law will be able to explain the statute of limitations and assist you in determining if you are eligible for an action.

Failure to follow the Rules of Professional Conduct

Legal malpractice is when a lawyer fails to adhere to the generally accepted standards of professional practice and results in harm to the client. It requires the four elements of the most common torts: an attorney-client relationship and a duty, breach and proximate cause.

Some examples of malpractice attorney are lawyers who mix personal and trust funds, failing to file suit within the statute of limitations, pursuing cases where they are not competent, failing to conduct an investigation into conflicts and not being up to the current court proceedings or any other legal developments that could affect the case. Lawyers also have a duty to communicate with clients in a reasonable way. This does not only include email and faxes, but also returning telephone calls promptly.

It is also possible for lawyers to commit fraud. This could be accomplished by lying to the client, or anyone else involved in the case. In this scenario, it is important to have all the facts at hands so that you can determine if the lawyer was being insincere. A breach of the attorney-client agreement is when an attorney decides to take an issue that is not within their expertise without informing the client or soliciting independent counsel.

Inability to inform

If a client decides to hire a lawyer, it signifies that their legal issues have become beyond their skill and knowledge. They are unable solve the issue themselves. It is the lawyer's duty to provide advice to clients regarding the advantages of a case, the costs and risks involved and their rights. If an attorney does not do this, they could be guilty of malpractice.

Many legal malpractice claims stem from of poor communication between attorneys, and their clients. For instance, an attorney might not return calls or fail to notify their clients of the decision made on their behalf. Attorneys may also fail to disclose important information about an instance or fail to reveal any problems that may arise from the transaction.

It is possible to bring a lawsuit against an attorney for negligence, however, a client must show that they suffered real financial losses because due to the negligence of the attorney. The losses must be documented, which requires evidence like client files email correspondence, other correspondence between the lawyer and the client, and bills. In the case of theft or fraud it could also be required to have an expert witness examine the case.

Inability to Follow the Law

Attorneys must adhere to the law, and know what it means for specific situations. If they fail to do so, they could be guilty of misconduct. Examples include mixing funds from clients with theirs using settlement proceeds to pay for personal expenses and failing to exercise basic due diligence.

Another type of legal malpractice attorney is the failure to file a lawsuit within the statute of limitations, failing to meet court filing deadlines or not adhering to the Rules of Professional Conduct. Attorneys are also obligated to disclose any material conflicts of interests. This means that they have to inform clients of any financial or personal concerns that could impact their judgment when representing them.

Attorneys are also required to follow the instructions of their clients. Attorneys must abide by the instructions of clients unless it is obvious that the decision would not be beneficial.

In order to prevail in a malpractice lawsuit 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 negligence caused damages. It's not enough to prove the result of the negligence of the attorney was detrimental; for a malpractice claim to succeed, it must be shown that there is a high probability that the plaintiff would have won their case if the defendant had followed the standard procedure.