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How to Sue Your Attorney for Malpractice

To claim a lawyer's malpractice, it is necessary to prove that the breach of duty caused financial, legal or other consequences for you. It's not enough to prove that the attorney's negligence was bad it is also necessary to establish an immediate link between the breach and the unfavorable outcome.

Matters of strategy do not qualify as legal malpractice, however, if your lawyer fails to file a lawsuit within the timeframe and you lose the case that could be a form of malpractice Lawyers.

Misuse of Funds

A misuse of funds by lawyers is one of the most prevalent types of legal fraud. Attorneys are legally bound by a fiduciary responsibility to their clients and must behave with confidence and fidelity when handling funds or other assets that the client has entrusted them with.

If a client pays their retainer the lawyer is obligated by law to keep that money in an escrow fund that is only used for that particular case. If the lawyer makes use of the escrow fund for personal use or co-mingles it with their own funds, they are in violation of their fiduciary duty and could be charged with legal misconduct.

Imagine, for instance that a client hires an attorney to represent him in a suit filed against a driver who was struck by them as they crossed the street. The client could prove the driver's negligence as well as that the accident led to the injuries they sustained. The lawyer however violates the law and is unable to file the case on time. The lawsuit is dismissed and the person who was injured is liable for financial loss as a result of the lawyer's mistake.

The statute of limitations restricts the time it takes to pursue a lawyer's malpractice. It can be a challenge to calculate when an injury or loss is caused by negligence of the lawyer. A licensed New York attorney with experience in the field of malpractice law will be able to explain the time limit to you and assist you determine if your case is suitable for a legal malpractice suit.

Disobedience to the Rules of Professional Conduct

Legal malpractice occurs when an attorney does not adhere to generally accepted standards of professional conduct, and harms the client. It has the same four elements of most torts, including an attorney-client relationship as well as a duty, breach, and proximate causality.

A few examples of malpractice include lawyers who mix personal and trust funds, failing to file suit within the statutes of limitations, taking cases in which they aren't competent, not conducting an examination of conflicts and not keeping up to the current court proceedings, or any new developments in law that could impact the case. Lawyers are also required to communicate with clients in a reasonable way. This does not only include email and fax as well as returning telephone calls promptly.

Attorneys are also able to commit fraud. This can be done by lying to the client or any other person involved in the investigation. It is essential to understand the facts to determine if the lawyer was insincere. A breach of the agreement between the attorney and client is when an attorney decides to take an action outside of their expertise without informing the client or informing them to seek out independent counsel.

Failure to Advise

If a client decides to hire an attorney, it implies that their legal issue has been beyond their expertise and knowledge. They are unable to resolve it on their own. It is the attorney's responsibility to inform clients of the merits of a case in addition to the costs and risk associated with it, and their rights. If a lawyer fails to perform this, they could be liable for malpractice.

Many legal malpractice claims are the result of poor communication between attorneys, and their clients. Attorneys may not respond to the phone or fail inform their clients of a particular decision they made on their behalf. An attorney might also neglect to share important information about the case or fail to identify any issues with an transaction.

A client may sue an attorney if they have suffered financial losses due to the lawyer's negligence. The losses should be documented. This requires evidence, such as client files and emails, or other correspondence between an attorney and a client as well as invoices. In the event of fraud or theft an expert witness could be required to review the case.

Failure to Follow the Law

Attorneys must abide by the law, and know what it means for specific situations. If they fail to do so, they could be guilty of malpractice. Examples include mixing client funds with their own or using settlement proceeds to pay personal expenses, or failing to exercise basic due diligence.

Other examples of legal malpractice include failing to file a suit within the statute of limitation or missing deadlines for filing with the court and not adhering to the Rules of Professional Conduct. Attorneys must also disclose any conflicts of interests. This means they must inform clients of any personal or financial interest that could influence their judgment in representing them.

In addition, attorneys are required to follow the instructions of their clients. If a client instructs the attorney to take specific actions, the attorney must follow those instructions unless there's an obvious reason why it is not advantageous or is not feasible.

In order to win a malpractice suit the plaintiff must demonstrate that the lawyer did not fulfill his duty of care. This can be difficult since it requires proof that the defendant's actions or inaction caused damages. It's also not enough to show that the result of the attorney's negligence was bad and for a malpractice case to be successful, it must be proved that there is an extremely high chance that the plaintiff would have prevailed when the defendant had acted in accordance with standard practice.