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How to Sue Your Attorney for Malpractice

To bring a lawsuit against an attorney for malpractice, you have to show that the breach resulted in negative financial, legal or other repercussions for you. It is not enough to prove the negligence of the attorney was a problem; you must also show an immediate link between the breach and the undesirable outcome.

The nuances of strategy don't count as legal malpractice however, if your lawyer fails to file a lawsuit in time and you lose the case that could be a form of malpractice.

Misuse of funds

One of the most popular kinds of legal malpractice is the misuse of funds by lawyers. Lawyers are bound by a fiduciary duty to their clients and must act with trust and fidelity when handling funds or other property that the client has given them.

When a client makes a payment for their retainer, the lawyer is required by law to put that money in an funds that are only used for that particular case. If the lawyer co-mingles the escrow account with personal funds or utilizes it for any other purpose, this is a clear violation of fiduciary duty and could be considered legal fraud.

For instance, suppose that a client hires their attorney to represent them in an action against a driver who hit them as they were walking across the street. The client has the ability to prove driver's negligence, and that the collision caused the injuries they sustained. Their lawyer, however, misses the statute and is unable to file the case on time. Thus, the lawsuit is dismissed and the person who was hurt suffers financial loss as a result of the lawyer's error.

A statute of limitations limits the amount of time you can sue an lawyer for malpractice. This can be difficult to calculate when an injury or loss was due to the negligence of the lawyer. A licensed New York attorney with experience in malpractice law can explain the time limit to you and help determine if your case is a good candidate for a legal malpractice lawsuit (Read Home Page).

Do not follow the rules of professional conduct

Legal malpractice is when a lawyer fails to follow generally accepted professional standards and causes harm to the client. It requires the same four elements as most torts, including an attorney-client relationship an obligation, a breach, and proximate causation.

A few common examples of malpractice include a lawyer mixing their personal and trust account funds, failing to timely file suit within the timeframe set by the statute of limitations or taking on cases in which they are not competent, failing to conduct an investigation into conflicts, and not keeping up-to-date with court proceedings or any new developments in the law that may affect the case. Lawyers also have a responsibility to communicate with clients in a fair manner. This isn't just limited to emails and faxes and includes also returning phone calls promptly.

It is also possible for attorneys to commit fraud. This can happen in a variety of ways, including lying to the client or to anyone else involved in the case. It is important to know the facts to determine if the attorney is untruthful. It's also a violation of the attorney-client contract if an attorney is assigned cases that are outside of their expertise and fails to inform the client of this or advise them to seek separate counsel.

Inability to inform

When a client employs an attorney, it indicates that their legal issue has become beyond their skill and experience. They are unable to solve the problem on their own. The lawyer is obliged to inform clients about the importance of the case, the risks and costs involved, and their rights. If a lawyer fails to do this, they could be guilty of malpractice.

Many legal malpractice cases result due to poor communication between attorneys and their clients. An attorney might not return a the phone or fail inform their clients of a particular decision taken on their behalf. An attorney might not also communicate vital details about a case or fail to inform clients of problems with an transaction.

A client can sue an attorney if they have suffered financial losses due to the negligence of the lawyer. These losses must be documented. This requires evidence, such as client files and emails or any other correspondence between an attorney and a client, as well bills. In cases of theft or fraud it could be necessary to get an expert witness to look into the case.

Inability to Follow the Law

Attorneys must be in compliance with the law, and know what it means in specific situations. If they fail to do so or don't, they could be accused of misconduct. 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 misconduct is failure to file a lawsuit within the statute of limitations, failing to meet deadlines for filing in court, and not following the Rules of Professional Conduct. Attorneys must disclose any conflicts of interest. They must inform clients of any financial or personal interest which could affect their judgment when representing them.

Attorneys are also required to comply with the directions of their clients. Attorneys must follow the instructions of clients unless it is evident that the action will not be beneficial.

To win a malpractice lawsuit, the plaintiff has to prove that the lawyer has violated his duty of care. This can be a challenge, because it requires proving that the defendant's actions or negligence caused damages. It's also not enough to prove the result of the negligence of the attorney was detrimental; for a malpractice claim to be successful, it must be proved that there is a high probability that the plaintiff could have won their case in the event that the defendant had followed standard practice.