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How to Sue Your Attorney for Malpractice

To sue an attorney for negligence, you must to prove that the breach resulted in negative financial, legal or other consequences for you. You must establish an immediate connection between the attorney's negligence and the negative result.

Legal malpractice does not include matters of strategy. If you lose a case due to your lawyer didn't file the lawsuit in time it could be a case of the result of malpractice.

Misuse of funds

One of the most prevalent types of legal Malpractice Lawyers is a lawyer's misuse of funds. Attorneys have a fiduciary relationship with their clients and are expected to behave with a high level of trust and fidelity, especially when dealing with money or other property that the client has given to them.

When a client is required to pay retainer to their lawyer, the lawyer must put the money in a separate escrow account designated for that case's purpose only. If the attorney combines the account with their personal funds or uses it for other purposes, this is a clear breach of the fiduciary obligation and could constitute legal malpractice.

For example, imagine that a customer hires their attorney to represent them in a lawsuit against a driver who hit them as they were walking along the street. The client has the ability to prove driver's negligence and the collision caused their injuries. The lawyer however violates the law and is unable file the case on time. Therefore, the case is dismissed and the injured party suffers financial loss as a result of the lawyer's error.

The statute of limitations limit the time it takes to bring a lawsuit against a lawyer for malpractice. It is often difficult to determine when the loss or injury was caused by the negligence of an attorney. A New York attorney who is knowledgeable about malpractice law can explain the statute of limitation and help you decide if you have a case that is eligible for an action.

Do not follow the rules of professional conduct

Legal malpractice is when an attorney fails to adhere to the generally accepted standards of professional conduct, and causes harm to the client. It entails the same four elements as the majority of torts, which include an attorney-client relationship an obligation, a breach, and proximate causation.

A few examples of malpractice include the lawyer mixing personal and trust funds, failing to file a suit within the statute of limitations, pursuing cases in which they're not competent, failing to perform a conflict check and not being up-to the current court proceedings, or any new developments in law that could affect the case. Lawyers are accountable to communicate with their clients in a reasonable manner. This does not only include emails and faxes as well as answering phone calls in a timely manner.

Attorneys are also able to commit fraud. This can be done by lying to the client, or to anyone else involved in the case. It is crucial to know the facts so you can determine if the attorney was deceitful. A violation of the attorney-client agreement is when an attorney decides to take an issue that is not within their expertise without advising the client or informing them to seek out independent counsel.

Inability to inform

When a client hires an attorney, this means they have reached the point at which their legal situation is beyond their expertise and experience and they are unable to solve it on their own. It is the job of the lawyer to inform clients of the benefits of a case as well as the risks and costs associated with it, and their rights. An attorney who fails to provide this advice could be liable.

Many legal malpractice attorneys claims stem from a lack of communication between attorneys and their clients. An attorney might not return a phone calls or fail to inform their clients of a particular decision they made on their behalf. An attorney may also not communicate important details about a case or fail to inform clients of issues in a transaction.

It is possible to sue an attorney for negligence, but the client must prove that they have suffered financial losses as a result of the lawyer's negligence. These losses must be documented, which will require evidence such as client files, emails and other correspondence between the attorney and the client, and bills. In the event of fraud, or theft, an expert witness may be required to examine the case.

Failure to Follow the Law

Attorneys must be in compliance with the law, and know the law's implications for specific circumstances. If they fail to do so, they could be guilty of malpractice. Examples include mixing funds from clients with theirs or using settlement funds to pay for personal expenses, and not doing basic due diligence.

Another instance of legal malpractice includes failure to file a lawsuit within the timeframe of limitations, not meeting deadlines for filing court documents, and not following the Rules of Professional Conduct. Attorneys are also required to disclose any conflicts of interests. This means they must inform clients of any personal or financial interests that might affect their decision-making process when representing them.

In addition, attorneys are required to abide by the instructions of their clients. Attorneys must follow the instructions of clients unless it is evident that the decision is not beneficial.

To prevail in a malpractice attorney suit, the plaintiff must prove that the lawyer violated their duty of care. This can be a challenge, as it requires showing that the defendant's actions or inaction caused damages. It's also 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 demonstrated that there's a high likelihood that the plaintiff could have won their case should the defendant followed standard practice.