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How to Sue Your Attorney for Malpractice

To claim a lawyer’s malpractice, you have to show that the breach had negative legal, financial or other implications for you. It is not enough to prove the negligence of your attorney was injurious but you must also prove a direct link between the breach and the negative outcome.

Legal malpractice doesn’t include issues of strategy. If you lose a lawsuit because your lawyer was not able to file the lawsuit in time this could be considered an act of malpractice.

The 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 obligation to their clients, and must act with integrity and fidelity when handling funds or other assets that the client has entrusted them with.

If a client pays a retainer to their attorney, the attorney is required to place the money in a separate escrow account that is specifically for the purpose of that case only. If the lawyer makes use of the escrow fund for personal reasons or mixes it with their own funds, they are in violation of their fiduciary obligations and could be accused of legal negligence.

As an example, suppose that a client employs their attorney to represent them in an action against a driver who hit them as they were walking along the street. The client has evidence that the driver was negligent and can prove that the accident caused their injuries. However, their lawyer fails to comply with the deadline and is unable to file the case within time. Therefore, the case is dismissed and the party who was injured suffers financial losses due to the lawyer’s error.

The time frame for suing an attorney for malpractice is limited by a statute of limitations which can be a challenge to calculate in a case where an injury or loss occurred as the result of the attorney’s negligence. A New York attorney who is proficient in malpractice law will be able to explain the statute of limitation and help you determine if you have a case that qualifies for an action.

Inability to follow the Rules of Professional Conduct

Legal malpractice lawsuit occurs when an attorney fails to adhere to generally accepted professional standards, and causes harm to the client. It is a requirement of the four elements of the most common torts: an attorney-client relationship and a duty, breach and the proximate cause.

Some examples of malpractice attorney are a lawyer mixing their personal and trust funds, failing to timely to file suit within the statute of limitations, pursuing cases in which they are not competent, failing to perform an effective conflict check, and not being up-to date on court proceedings or any new legal developments that could impact the case. Lawyers are accountable to communicate with their clients in a timely manner. This does not only include the use of faxes and email, but also resolving telephone calls promptly.

It is also possible for attorneys to engage in fraud. This can happen in a variety of ways, including lying to the client or anyone involved in a case. In this situation it is imperative to have all the facts at the hands of the investigator to determine if the attorney was being insincere. It also constitutes a breach of the attorney-client contract if an attorney is assigned an issue that is outside of their area of expertise and fails to inform the client of this or suggest that they seek separate counsel.

Inability to provide advice

If a client decides to hire an attorney, it indicates that they’ve reached the point at which their legal situation is beyond their expertise and experience, and they can no longer resolve it on their own. The lawyer is obliged to inform clients of the advantages of the case, the risks and costs involved, and their rights. An attorney who fails to provide this advice could be held accountable.

Many legal malpractice claims stem from a lack of communication between lawyers and their clients. For instance an attorney may not return phone calls or fail to inform their clients of a decision made on their behalf. A lawyer may also fail to communicate important details about an instance or fail to disclose known problems with the transaction.

It is possible to claim a lawyer’s malpractice, but a client must show that they suffered financial losses due to due to the negligence of the attorney. The losses should be documented. This requires evidence, like client files and emails, or other correspondence between an attorney and a customer, as well bills. In the event of fraud or theft An expert witness could be required to review the case.

Inability to Follow the Law

Attorneys are obligated to follow the law and comprehend the way it is applied in particular situations. If they fail to do so and they don’t, they could be found guilty of misconduct. Examples include mixing client funds with theirs or using settlement funds to pay for personal expenses and failing to exercise basic due diligence.

Another example of legal malpractice includes the failure to file a lawsuit within the statute of limitations, failing to meet deadlines for filing court documents and not adhering to the Rules of Professional Conduct. Attorneys must also declare any conflicts of interest. They must inform clients of any financial or personal interest that might affect their judgment when representing them.

Attorneys are also required to abide by the instructions of their clients. If a customer instructs them to take a specific action, the attorney must follow the instructions unless there is an obvious reason that it would not be advantageous or is not feasible.

To win a malpractice lawsuit the plaintiff must demonstrate that the lawyer did not fulfill his duty of care. This isn’t easy, because it requires proving that the defendant’s actions, or inaction, caused damages. It’s not enough to prove that the result of the attorney’s negligence was negative in order for a malpractice claim to succeed, it must be shown that there is an extremely high chance that the plaintiff would have prevailed when the defendant had acted in accordance with the standard procedure.