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How to Sue Your Attorney for Malpractice

To bring a lawsuit against an attorney for negligence, you must to prove that the breach of duty had negative legal, financial, or other consequences for you. You must establish an immediate connection between the attorney's negligence and the negative results.

The nuances of strategy don't be considered legal malpractice, however, if your lawyer does not file a lawsuit on time and you lose the case that could be a form of malpractice.

Use of funds in a fraudulent way

Fraud in the handling of funds by a lawyer is among the most widespread forms of legal fraud. Attorneys are bound by a fiduciary obligation to their clients and must behave with trust and fidelity when handling funds or other assets that the client has entrusted them with.

When a client is required to pay retainer fees, their attorney is required to place that money into a separate escrow account specifically destined for the purpose of the case only. If the lawyer co-mingles the account with their personal funds or utilizes it for any other purpose it is a clear breach of the fiduciary obligation and could constitute legal negligence.

As an example, suppose that a client hires their attorney to represent them in a lawsuit against a driver who slammed into them as they were crossing the street. The client can prove that the driver was negligent and is able to prove that the accident caused their injuries. However, their lawyer fails to comply with the statute of limitations and is in a position to file the lawsuit in time. Consequently, the lawsuit is dismissed and the injured party suffers financial losses because of the lawyer's error.

The statute of limitations restricts the time you have to bring a lawsuit against a lawyer for malpractice law firms. It is often difficult to determine when an injury or loss is caused by the attorney's negligence. A licensed New York attorney with experience in malpractice law can explain the statute of limitations to you and help determine if your situation is suitable for a legal malpractice lawsuit.

Failure to Follow the Rules of Professional Conduct

Legal malpractice occurs the case when a lawyer doesn't adhere to generally accepted professional standards and results in harm to the client. It has the same four elements as the majority of torts: an attorney-client relationship and a duty, a breach, and proximate causality.

Some examples of malpractice are a lawyer mixing trust and personal account funds, failing to file a lawsuit within the timeframe set by the statute of limitations, taking on cases where they aren't competent, failing to conduct a conflict-check, and not being up-to-date on court proceedings or new developments in law that could impact the case. Lawyers are accountable to communicate with their clients in a timely manner. This doesn't only apply to email and faxing and includes also returning telephone calls in a timely manner.

Attorneys are also able to commit fraud. This could be accomplished by lying to the client, or anyone else involved in the case. It is essential to understand the facts so that you can determine if the attorney is untruthful. It is also a breach of the attorney-client contract when an attorney decides to take on cases that are outside of their expertise and fails to inform the client of this or advise them to seek separate counsel.

Inability to advise

If a client decides to hire a lawyer, it means that their legal issue has been beyond their expertise and experience. They are unable to solve the problem themselves. The lawyer's job is to inform clients of the benefits of a case, the costs and risks involved and their rights. Lawyers who fail to do so may be guilty.

Many legal malpractice claims stem from of poor communication between attorneys and their clients. A lawyer may not answer a calls or fail to inform their clients of a certain decision that they have made on their behalf. Attorneys may also fail to disclose important information about the case or fail divulge any issues with an transaction.

It is possible to bring a lawsuit against an attorney for malpractice, but a client must prove that they have suffered financial losses due to of the negligence of the lawyer. These losses should be documented. This requires evidence, like client files and emails, or any other correspondence between an attorney and a customer, as well as bills. In the case of fraud or theft it could be required to get an expert witness to look into the case.

Failure to Follow the Law

Attorneys are bound by the law and comprehend how it applies in specific circumstances. They could be found guilty of misconduct in the event that they fail to follow. Examples include commingling client funds with their own, or using settlement proceeds for personal expenses, or not performing basic due diligence.

Another instance of legal malpractice is the failure to file a lawsuit within the statute of limitations, missing deadlines for filing court documents, and not following the Rules of Professional Conduct. Attorneys must disclose any conflicts of interests. They must disclose to clients any financial or personal interest that could affect their judgment when representing them.

Additionally, attorneys are required to comply with the directions of their clients. If a client instructs them to take a particular action the attorney must comply with the instructions, unless there's an obvious reason that it would not be beneficial or possible.

In order to prevail in a malpractice lawsuit the plaintiff has to prove that the lawyer violated their duty of care. It isn't easy to prove that the defendant's inaction or actions resulted in damage. It is not enough to prove that the attorney's error led to a poor outcome. A malpractice claim must also prove that there was a high likelihood that the plaintiff's lawsuit could have been settled if the defendant followed standard practices.