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How to Sue Your Attorney for Malpractice

To bring a lawsuit against an attorney for negligence, you need to show that the breach of duty had negative legal, financial or other repercussions for you. It is not enough to show that the negligence of your attorney was injurious it is also necessary to establish an unambiguous link between the breach and the undesirable outcome.

Legal malpractice is not a issues of strategy. If you lose a case due to your lawyer did not submit the lawsuit on time, this could be the result of malpractice.

Inappropriate use of funds

One of the most popular kinds of legal malpractices is the misuse of funds by lawyers. Lawyers have a fiduciary obligation with their clients and are expected to act with the highest degree of trust and fidelity, particularly when dealing with money or other property that the client has given to them.

If a client pays their retainer to a lawyer, they are required by law to put that money in an escrow account that is exclusively specifically used for the particular case. If the lawyer makes use of the escrow fund for personal purposes or co-mingles it with their own funds, they are in violation of their fiduciary duties and could be charged with legal malpractice.

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 walking along the street. The client is able to prove that the driver was negligent and can prove that the accident caused their injuries. However, their lawyer is not aware of the statute of limitations and is incapable of bringing the case in time. The lawsuit is dismissed and the party who was injured suffers financial losses as a result of the lawyer's mistake.

The time for suing an attorney for negligence is governed by a statute that limits the time for suing, which can be tricky to determine in a situation where a loss or injury occurred as the result of the negligence of the attorney. A New York attorney who is skilled in malpractice law will be able to explain the statute of limitations and assist you in determining if you have a case which is suitable for a lawsuit.

Inability to follow the Rules of Professional Conduct

Legal malpractice occurs when a lawyer does not follow generally accepted professional standards and results in harm to the client. It requires the four elements of most torts: an attorney-client relation the breach of a duty and proximate cause.

A few examples of malpractice include the lawyer mixing personal and trust funds, failing timely to file a suit within the statute of limitations, pursuing cases where they are not competent, failing to conduct an examination of conflicts and not staying up to date on court proceedings or any recent developments in law that could impact the case. Lawyers also have a duty to communicate with clients in a timely manner. This includes not just email and faxes, but also resolving telephone calls promptly.

Attorneys can also commit fraud. This can be done in a variety of ways, including lying to the client or to anyone else involved in the case. In this instance it is essential to have the facts on hand so that you can determine if the attorney was being insincere. A breach of the attorney-client agreement occurs when an attorney handles an action outside of their expertise without informing the client about it or suggesting they seek independent counsel.

Inability to provide advice

If a client decides to hire an attorney, it is a sign that they have reached the point at which their legal situation is beyond their expertise and experience and that they are unable to resolve it by themselves. The lawyer is required to inform clients of the benefits of the case, the potential risks and costs involved, as well as their rights. If a lawyer fails to do this, they may be guilty of malpractice.

Many legal malpractice claims stem from of poor communication between attorneys, and their clients. An attorney may not return calls or fail to inform their clients about a specific decision that they have made on their behalf. An attorney might not be able to communicate crucial details regarding a case, or not disclose any known issues with an transaction.

It is possible to sue 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 will require evidence such as files of the client emails, correspondence between the lawyer and the client, as well bills. In the case of fraud or theft an expert witness could be needed to investigate the case.

Failure to Follow the Law

Attorneys must be in compliance with the law, and know what it means for specific situations. If they don't then they could be accused of malpractice. Examples include combining client funds with their own or using settlement proceeds to pay personal expenses, or failing to exercise basic due diligence.

Other examples of legal misconduct include failure to file a lawsuit within the time limit and not filing the suit by the deadlines set by the court and not complying with the Rules of Professional Conduct. Attorneys are also obligated to disclose any conflicts of conflicts of interest. They must inform clients of any financial or personal interest which could affect their judgment when representing them.

Attorneys are also required to follow the instructions of their clients. If a client asks them to take particular action, the attorney must follow the instructions, unless there's an obvious reason why it would not be beneficial or even feasible.

To win a malpractice lawsuits suit the plaintiff must show that the lawyer violated their duty of care. It can be difficult to establish that the defendant's inaction or actions caused harm. It isn't enough to prove that the attorney's error resulted in a bad outcome. A malpractice Lawyers claim must also show that there was a significant chance that the plaintiff's claim would have been won if the defendant had followed the standard procedure.