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How to Sue Your Attorney for Malpractice

To claim a lawyer's negligence, you must to show that the breach had negative legal, financial or other consequences for you. It is not enough to demonstrate that the negligence of the attorney was a problem but you must also prove a direct link between the breach and the unfavorable outcome.

Legal malpractice does not include matters of strategy. If you lose a case due to your lawyer didn't file the lawsuit on time this could be considered negligence.

Misuse of funds

One of the most common kinds of legal malpractice is a lawyer's misuse of funds. Lawyers are bound by a fiduciary duty to their clients, and must act with integrity and fidelity when handling money or other property that the client has entrusted them with.

When a client pays retainer fees, their lawyer is required to put that money into a separate escrow account designated for that case's purpose only. If the attorney mixes the account with their own personal funds, or uses it for other purposes that is a clear violation of fiduciary duty and could result in legal misconduct.

For example, imagine that a client employs their attorney to represent them in the case of a driver who hit them as they were walking across the street. The client has evidence that the driver was negligent and is able to show that the accident caused their injuries. But, their lawyer violates the deadline and is incapable of bringing the case in time. Thus, the lawsuit is dismissed and the party who was injured is financially harmed because of the lawyer's mistake.

The statute of limitations limit the amount of time you can bring a lawsuit against a lawyer for malpractice. It can be a challenge to determine if an injury or loss was caused by negligence of the lawyer. A New York attorney who is skilled in malpractice law will be able to explain the statute of limitation and assist you in determining whether you have a case that is eligible for a lawsuit.

Infractions to the rules of professional conduct

Legal malpractice lawyers occurs when an attorney does not adhere to generally accepted standards of professional conduct, and causes harm to the client. It entails the same four elements as most torts, including an attorney-client relationship an obligation, a breach, and proximate causation.

Some examples of malpractice are the lawyer mixing personal and trust funds, failing to file suit within the statutes of limitations, taking cases in which they're not competent, failing to carry out an examination of conflicts and not being up-to the latest court proceedings or any other legal developments that could affect the case. Lawyers must communicate with their clients in a timely manner. This doesn't just mean emails and faxes, but also the ability to return phone calls promptly.

It is also possible for attorneys to commit fraud. This could be done by lying to the client, or any other person who is involved in the investigation. It is important to know the facts so that you can determine if the attorney was dishonest. A breach of the attorney-client agreement occurs when an attorney is able to handle an issue that is not within their expertise without informing the client about it or advising them to seek independent counsel.

Failure to Advise

When a client employs an attorney, it means they've reached a point at which their legal situation is beyond their ability or experience and they are unable to resolve it by themselves. It is the job of the lawyer to inform clients about the merits of a particular case, the costs and risks involved, as well as their rights. When an attorney fails to perform this, they could be guilty of malpractice.

Many legal malpractice claims result due to poor communication between attorneys and their clients. For example an attorney may not return phone calls or fail to notify their clients of a decision taken on their behalf. An attorney might also neglect to provide important information regarding the case or fail divulge any issues with the transaction.

It is possible to bring a lawsuit against an attorney for negligence, but a plaintiff must prove that they have suffered financial losses due to of the negligence of the lawyer. The losses must be documented, which will require evidence such as files of the client emails, correspondence between the attorney and the client, along with bills. In the case of fraud or theft an expert witness could be required to review the case.

Failure to Follow the Law

Attorneys are bound by the law and understand how it applies in specific situations. They could be found guilty of malpractice lawyer if they don't. Examples include commingling client funds with their own, or using settlement proceeds to pay personal expenses, and not performing basic due diligence.

Other examples of legal malpractice include failure to file a lawsuit within the time limit and not filing the suit by the deadlines set by the court and not following the Rules of Professional Conduct. Attorneys are also required to disclose any conflict of interests. They must inform clients of any financial or personal interest that could influence their judgement when representing them.

In addition, attorneys are required to follow the instructions of their clients. If a customer instructs them to take a particular action then the attorney must follow the instructions, unless there's an obvious reason to believe that it would not be beneficial or even feasible.

In order to win a malpractice suit the plaintiff must show that the lawyer acted in violation of his duty of care. It isn't easy to establish that the defendant's inaction or actions caused damage. It's not enough to show that the result of the attorney's negligence was negative to be able to prove a malpractice claim. to succeed, it needs to be demonstrated that there's an extremely high chance that the plaintiff would have prevailed when the defendant had acted in accordance with standard practice.