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How to Sue Your Attorney for Malpractice

If you wish to sue your attorney over malpractice, you have to prove that their negligence caused legal, monetary or other negative consequences for you. It’s not enough to demonstrate that the negligence of the attorney was a problem it is also necessary to establish an immediate link between the breach and the undesirable outcome.

Matters of strategy do not constitute legal malpractice, but the lawyer you hire fails to file a lawsuit on time and you lose the case this could be a type of malpractice.

Misuse of funds

One of the most common types of legal malpractice involves the misuse by a lawyer of funds. Lawyers are in a fiduciary relationship with their clients and are expected to behave with the highest degree of trust and fidelity, particularly when handling money or other property that the client has given to them.

When a client makes retainer fees, their lawyer must put that money into a separate escrow account specifically destined for the purpose of the case only. If the attorney co-mingles the account with their personal funds or uses it for any other purpose this is a blatant breach of fiduciary duty, and could be considered legal fraud.

Imagine, for example that a customer hires an attorney to represent him in a suit filed against a driver who struck them while crossing the street. The client can prove that the driver was negligent and could prove that the accident caused their injuries. Their lawyer, however, does not follow the law and is unable file the case on time. Thus, the lawsuit is dismissed and the victim suffers financial loss because of the lawyer’s mistake.

The statute of limitations limit the time it takes to bring a lawsuit against a lawyer for malpractice. This can be difficult 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 help you determine if you are eligible for a lawsuit.

Disobedience to the Rules of Professional Conduct

Legal malpractice occurs when an attorney fails to adhere to generally accepted professional standards, and inflicts harm on the client. It is required to meet the four components of most torts: an attorney-client relationship, a duty, breach and the proximate cause.

Some common instances of malpractice attorneys are a lawyer commingling their personal and trust account funds, failing in time to make a claim within the time limit and assuming cases in which they are not competent, not conducting an investigation into conflicts, and not keeping up to date on court proceedings or new developments in the law that may affect the case. Lawyers are also required to communicate with clients in a reasonable manner. This does not only include email and faxes, but also answering phone calls promptly.

It is also possible for attorneys to commit fraud. It can be done by lying to the client or anyone else involved in the case. It is important to know the facts to determine if the attorney was untruthful. A violation of the agreement between an attorney and a client occurs when an attorney is able to handle a case outside their area of expertise without informing the client about it or soliciting independent counsel.

Inability to inform

If a client decides to hire an attorney, it is a sign that they have reached the point at which their legal situation is beyond their ability or experience and they are no longer able to resolve it by themselves. The lawyer is required to inform clients of the importance of the case, the potential risks and costs involved, and their rights. Lawyers who fail to provide this advice could be held accountable.

Many legal malpractice cases result from a lack of communication between lawyers and their clients. Attorneys may not respond to phone call or fail to inform their clients about a specific decision taken on their behalf. A lawyer may also fail to provide important information regarding an instance or fail to identify any issues with the transaction.

It is possible to bring a lawsuit against an attorney for negligence, but a plaintiff must prove that they suffered real financial losses because of the negligence of their lawyer. These losses should be documented. This requires evidence, such as email files and client files, or other correspondence between an attorney and client, as well as bills. In the event of fraud or theft it could also be necessary to engage an expert witness to review the case.

Failure to Follow the Law

Attorneys are bound by the law and understand the laws that apply to specific situations. If they don’t then they could be accused of misconduct. Examples include combining client funds with their own or using settlement proceeds for personal expenses, and failing to exercise basic due diligence.

Another instance of legal misconduct includes failure to file a lawsuit within the timeframe of limitations, failing to meet deadlines for filing in court and not observing the Rules of Professional Conduct. Attorneys must also disclose any conflicts of interest. They must inform clients of any personal or financial interest that could affect their judgment when representing them.

Attorneys must also adhere to the instructions of their clients. Attorneys must follow instructions from clients unless it is evident that the actions will not be beneficial.

In order to win a Malpractice Lawyers suit the plaintiff must show that the lawyer acted in violation of his duty of care. This can be a challenge, since it requires proving the defendant’s actions or inaction caused damages. It is not enough to prove that the attorney’s error resulted in a bad outcome. A malpractice claim must also prove that there was a high likelihood that the plaintiff’s lawsuit would have been won if the defendant followed standard practices.