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How to Sue Your Attorney for Malpractice

If you wish to sue your attorney over Paso robles malpractice lawsuit, you have to prove that the breach of duty resulted in financial, legal or other negative consequences for you. It is not enough to show that the negligence of the attorney was a problem it is also necessary to establish an unambiguous link between the breach and the negative outcome.

Strategy-related issues do not be considered legal malpractice, but when your lawyer fails to file a lawsuit in time and you lose the case, it could be a case of norwalk malpractice law firm.

Misuse of funds

Fraud in the handling of funds by a lawyer is among the most common kinds of legal negligence. Lawyers are in a fiduciary relationship with their clients and are required to act with a high degree of trust and fidelity, particularly when dealing with funds or other property that the client has given to them.

When a client pays their retainer, the lawyer is required by law to deposit the money in a separate escrow account that is exclusively utilized for that particular case. If the attorney combines the account with their personal funds or uses it for other purposes it is a clear breach of fiduciary duty, and could be considered legal negligence.

Imagine, for example, that a client hired an attorney to represent him in a lawsuit against a driver who was struck by them as they crossed the street. The client has proof that the driver was negligent and is able to show that the accident caused their injuries. However, their lawyer misses the statute of limitations and is unable to file the case within the timeframe. The lawsuit is dismissed and the victim suffers financial loss because of the lawyer’s mistake.

A statute of limitation limits the amount of time you can pursue a lawyer’s malpractice. This can be difficult to determine if an injury or loss is caused by the attorney’s negligence. A licensed New York attorney with experience in malpractice law can explain the time limit to you and help determine if your case is suitable for a legal malpractice suit.

Do not follow the professional rules of conduct

Legal malpractice occurs when an attorney fails to adhere to the generally accepted standards of professional conduct, and harms the client. It requires the four elements of most torts: an attorney-client relation as well as breach of duty and proximate cause.

A few common examples of malpractice are a lawyer commingling their personal and trust account funds, failing in time to file a lawsuit within the statute of limitations and assuming cases where they aren’t competent, not conducting an investigation into conflicts, and not being up-to-date with court proceedings or new developments in the law that could impact the case. Lawyers must communicate with their clients in a timely manner. This does not only include email and faxing as well as returning phone calls in a timely manner.

It is also possible for lawyers to engage in fraud. This could be done by lying to the client or any other person who is involved in the case. In this situation it is imperative to have the facts in your possession to determine if the attorney was insincere. A violation of the agreement between an attorney and a client occurs when an attorney is able to handle cases outside their expertise without informing the client about it or suggesting they seek independent counsel.

Inability to advise

When a client hires a lawyer, it signifies that their legal matter has been beyond their expertise and experience. They cannot resolve the issue themselves. It is the attorney’s responsibility to inform clients of the merits of a particular case, the costs and risks associated with it, and their rights. A lawyer who fails to do so may be held accountable.

Many legal malpractice cases stem from poor communication between attorneys and their clients. For example, an attorney might not return phone calls or fail to notify their clients of the decision made on their behalf. An attorney might also fail to communicate important details regarding a particular case, or fail to inform clients of problems with a transaction.

It is possible to sue an attorney for negligence, however, a client must prove they were able to recover financial losses as a result of the lawyer’s negligence. The losses should be documented. This requires evidence, like email files and client files, or any other correspondence between an attorney and a client as well as invoices. In the case of fraud or theft it could be necessary to have an expert witness examine the case.

Inability to Follow the Law

Attorneys must adhere to the law and understand what it means for specific circumstances. If they don’t, they could be guilty of malpractice. Examples include mixing client funds with their own or using settlement funds to pay for personal expenses, and not doing basic due diligence.

Other instances of legal malpractice are failure to file a lawsuit within the time limit or missing deadlines for filing with the court and not complying with the Rules of Professional Conduct. Attorneys are also obligated to disclose any significant conflicts of conflicts of interest. They must disclose to clients any financial or personal interest that could influence their judgement when representing them.

Attorneys are also required to follow the instructions of their clients. If a client asks them to take a specific action an attorney must follow the instructions, unless there’s any reason that suggests it is not beneficial or even feasible.

In order to win a malpractice suit, the plaintiff has to demonstrate that the lawyer did not fulfill his duty of care. This can be difficult because it requires proving that the defendant’s actions or negligence caused damages. It isn’t enough to demonstrate that the attorney’s wrongful actions caused a negative outcome. A malpractice claim must also demonstrate that there was a substantial chance that the plaintiff’s claim could have been won had the defendant followed standard practices.