How to Sue Your Attorney for Malpractice

To bring a lawsuit against an attorney for malpractice, it is necessary to prove that the breach had negative legal, financial or other implications for you. It's not enough to prove that the negligence of the attorney was a problem it is also necessary to establish that there is a direct connection between the breach and the undesirable outcome.

Legal malpractice does not include matters of strategy. If you lose a case because your lawyer was not able to submit the lawsuit on time this could be considered negligence.

The misuse of funds

The misuse of funds by lawyers is one of the most prevalent kinds of legal negligence. Lawyers are in a fiduciary relationship with their clients and are required to act with a high level of trust and malpractice lawsuit fidelity, particularly when handling money or other property that the client has given to them.

When a client is required to pay retainer fees, their lawyer is required to put that money into a separate escrow account designated for that case's purpose only. If the attorney combines the escrow account with their personal funds or makes use of it for any other purpose this is a blatant breach of fiduciary duty, and could result in legal malpractice.

Imagine, for instance, that a client hired an attorney to represent him in a lawsuit against a motorist whose car was struck by them as they crossed the street. The client is able to prove that the driver was negligent and is able to demonstrate that the collision caused their injuries. But, their lawyer violates the deadline and is unable to file the case within the timeframe. Thus, the lawsuit is dismissed and the injured party is liable for financial losses due to the lawyer's error.

A statute of limitations limits the time you have to pursue a lawyer's malpractice. It can be a challenge to calculate when the loss or injury was due to the negligence of the lawyer. A New York attorney who is skilled in malpractice law can explain the statute of limitations and assist you in determining whether you have a case that is eligible for a lawsuit.

Failure to adhere to the rules of professional conduct

Legal malpractice is when a lawyer fails to adhere to the generally accepted standards of professional practice and causes harm to the client. It entails the same four elements as most torts, which are an attorney-client relationship and a duty, a breach, and proximate cause.

A few common examples of malpractice are a lawyer mixing their personal and trust account funds, failing to timely make a claim within the statute of limitations or taking on cases where they aren't competent, not performing a conflict check, and not staying up to date with court proceedings or other developments in law that could impact the case. Lawyers also have a duty to communicate with clients in a fair manner. This does not only include email or fax and includes also returning telephone calls in a timely manner.

Attorneys can also commit fraud. This can be done by lying to the client or any other person who is involved in the investigation. In this case it is imperative to have the facts in your possession to determine if the lawyer was being dishonest. A violation of the agreement between an attorney and a client occurs when an attorney takes an action outside of their area of expertise without informing the client of this or suggesting they seek independent counsel.

Failure to provide advice

If a client engages an attorney, this means they have reached the point at which their legal situation is beyond their own skill and experience, and they can no longer resolve it on their own. The lawyer has a duty to inform clients about the benefits of the case, the potential risks and costs involved, as well as their rights. When an attorney fails to do this, they may be guilty of malpractice.

Many legal malpractice claims are the result of poor communication between lawyers and their clients. Attorneys may not respond to calls or fail to inform their clients of a specific decision that they have made on their behalf. An attorney could not also communicate vital details about a case or fail to reveal any problems with a transaction.

A client may sue an attorney if they have suffered financial losses due to the negligence of the lawyer. The losses have to be documented, which will require evidence such as client files, emails and other correspondence between the attorney and the client, as well bills. In cases involving theft or fraud, it may also 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 if they do not. Examples include combining client funds with their own or using settlement proceeds for personal expenses, or malpractice lawsuit failing to perform basic due diligence.

Another instance of legal malpractice is the failure to file a lawsuit within the timeframe of limitations, missing deadlines for filing court documents and not adhering to 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 might affect their judgment when representing them.

Attorneys are also required to follow the instructions of their clients. If a customer instructs the attorney to take specific actions then the attorney must follow those instructions unless there is any reason that suggests it would not be beneficial or possible.

To win a malpractice lawsuit, the plaintiff has to prove that the lawyer violated his duty of care. This can be difficult, since it requires proof that the defendant's actions, or inaction, caused damages. It is not enough to prove that the attorney's error caused a negative outcome. A malpractice claim must prove that there was a high chance that the plaintiff's claim would have been successful if the defendant had followed the standard procedure.