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How to Sue Your Attorney for Malpractice

To sue your attorney on charges of malpractice, you must prove that their negligence caused financial, legal or other negative consequences for you. You must demonstrate a direct connection between the attorney's negligence and the negative result.

Matters of strategy do not constitute legal malpractice, but if your lawyer does not file a lawsuit in time and you lose the case, this could be a type of malpractice.

Misuse of funds

One of the most common types of legal malpractice involves the misuse of funds by a lawyer. Attorneys are legally bound by a fiduciary responsibility to their clients and must act with trust and fidelity when handling money or other property that the client has trusted them with.

When a client pays a retainer, their 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 lawyer makes use of the escrow fund for personal reasons or mixes it with their own funds it is in violation of their fiduciary responsibilities and could be accused of legal misconduct.

Imagine, for instance, that a client hires their attorney to represent them in the case of a driver who slammed into them as they were walking across the street. The client has proof that the driver was negligent and is able to prove that the accident caused their injuries. But, their lawyer violates the deadline and is not able to file the case in time. The lawsuit is dismissed, and the party who was injured is financially harmed because of the lawyer's mistake.

A statute of limitation limits the time you have to claim a lawyer's negligence. It can be a challenge to determine when an injury or loss is due to the negligence of the lawyer. A competent New York attorney with experience in malpractice Lawyers law can explain the statute of limitations to you and help determine if your case is a suitable candidate for a legal malpractice suit.

Infractions to the rules of professional conduct

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

Some common instances of misconduct include a lawyer who has a personal and trust account funds, failing in time to file a lawsuit within the time limit or taking on cases where they aren't competent, failing to conduct a conflict check, and not being up-to-date with court proceedings or any new developments in law that could affect the case. Lawyers also have a duty to communicate with clients in a reasonable way. This is not limited to email and faxes, but also returning telephone calls promptly.

It is also possible for attorneys to engage in fraud. This can be done in various ways, including lying to the client or to anyone involved in a case. In this instance it is crucial to have all the facts at hands so that you can determine if the attorney was dishonest. It also constitutes a breach of the attorney-client contract if an attorney accepts an assignment that is not within the scope of their expertise and fails to inform the client about this or suggest that they seek separate counsel.

Inability to provide advice

When a client employs an attorney, it indicates that their legal situation has become beyond their knowledge and experience. They are unable to solve the problem by themselves. The lawyer is obliged to inform clients about the merits of the case, the risks and costs involved, and their rights. If an attorney does not comply with this requirement, they could be found guilty of malpractice lawsuits.

Many legal malpractice cases result from a lack of communication between attorneys and their clients. An attorney might not return a phone call or fail to inform their clients of a specific decision they made on their behalf. An attorney may also be unable to disclose important information about the case or fail to reveal any problems that may arise from the transaction.

It is possible to bring a lawsuit against an attorney for negligence, but the client must prove that they have suffered real financial losses because of the negligence of the lawyer. These losses must be documented. This requires evidence, such as client files and emails, or other correspondence between an attorney and a customer, as well bills. In cases of fraud or theft an expert witness could be required to examine the case.

Failure to Follow the Law

Attorneys are required to follow the law and comprehend the law's implications in particular situations. If they fail to do so then they could be accused of malpractice lawyer. Examples include mixing client funds with their own and using settlement proceeds to pay for personal expenses and failing to exercise basic due diligence.

Other examples of legal misconduct include failure to file a suit within the statute of limitation and not filing the suit by the deadlines set by the court and not complying with the Rules of Professional Conduct. Attorneys must declare any conflicts of interest. This means that they must inform clients of any personal or financial interests that could affect their judgment in representing them.

Attorneys must also follow the instructions of their clients. If a client directs them to take a particular action, the attorney must follow those instructions unless there's an obvious reason why it is not beneficial or feasible.

In order to win a malpractice suit, the plaintiff must prove that the lawyer breached their duty of care. This can be difficult, as it requires showing 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; for a malpractice claim to be successful, it has to be proved that there is a high likelihood that the plaintiff would have won their case in the event that the defendant had followed the usual procedure.