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How to Sue Your Attorney for Malpractice

To pursue an attorney's negligence, you must to show that the breach of duty had negative legal, financial or other repercussions for you. You must prove an immediate connection between the attorney's negligence and the negative results.

Strategy-related issues do not count as legal malpractice lawsuits but if your lawyer fails to file a lawsuit within the timeframe and you lose the case, it could be a case of malpractice.

The misuse of funds

One of the most frequent 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 trust and fidelity when handling money or other assets that the client has given them.

When a client makes retainer to their lawyer, the lawyer is required to put the money into a separate escrow account that is specifically for the purpose of that case only. If the attorney co-mingles the account with personal funds or utilizes it for other purposes that is a clear breach of fiduciary responsibility and could be considered legal fraud.

Imagine, for example that a client hires an attorney to represent the client in a lawsuit filed against a driver whose car was struck by them as they crossed the street. The client is able to prove the driver's negligence as well as that the accident led to their injuries. But, their lawyer violates the deadline and is not able to file the case within time. Consequently, the lawsuit is dismissed and the person who was hurt suffers financial loss because of the lawyer's mistake.

The statute of limitations restricts the time that you can bring a lawsuit against a lawyer for malpractice. It is often difficult to determine if an injury or loss is caused by the attorney's negligence. A New York attorney who is experienced in malpractice lawsuits law will be able to explain the statute of limitations and assist you in determining if you have a case that qualifies for a lawsuit.

Failure to adhere to the rules of professional conduct

Legal malpractice occurs the case when a lawyer doesn't adhere to the generally accepted standards of professional practice and results in harm to the client. It is based on the same four elements of most torts, which are an attorney-client relationship, a duty, a breach, and proximate causality.

A few examples of malpractice include lawyers who mix personal and trust funds, failing to file a suit within the timeframes, pursuing cases in which they aren't competent, failing to perform an investigation into conflicts and not being up to the latest court proceedings or any other developments in law that could affect the case. Lawyers also have a duty to communicate with clients in a timely manner. This does not only include emails and faxes and also includes returning telephone calls promptly.

Attorneys can also commit fraud. It can be done by lying to the client or any other person involved in the case. It is crucial to know the facts in order to determine whether the attorney was deceitful. A breach of the agreement between the attorney and client is when an attorney decides to take cases outside their area of expertise without advising the client or suggesting they seek independent counsel.

Inability to provide advice

If a client decides to hire an attorney, it implies that their legal issue has become beyond their skill and knowledge. They cannot resolve the issue by themselves. The lawyer is required to inform clients about the importance of the case, the potential risks and costs involved, as well as their rights. Lawyers who fail to do so may be found guilty.

Many legal malpractice Lawyers cases result due to poor communication between attorneys and their clients. For example, an attorney might not return calls or fail to inform their clients of the decision made on their behalf. An attorney may also be unable to disclose important information about a case or fail to disclose known problems with transactions.

A client may sue an attorney if they have suffered financial losses as a result of the negligence of the lawyer. The losses must be documented. This requires evidence, like email and client files, or any other correspondence between an attorney and a customer, and also bills. In the event of fraud or theft it could be necessary to be able to have an expert witness review the case.

Inability to Follow the Law

Attorneys are obligated to follow the law and understand the law's implications in particular circumstances. If they fail to do so then they could be accused of misconduct. Examples include mixing client funds with their own, or using settlement proceeds to pay personal expenses, or failing to perform basic due diligence.

Another instance of legal malpractice includes the failure to file a lawsuit within the timeframe of limitations, not meeting deadlines for filing with the court and not adhering to the Rules of Professional Conduct. Attorneys are also required to disclose any significant conflicts of conflicts of interest. This means they must inform clients of any financial or personal interest that could influence their judgment in representing them.

Attorneys must also follow the instructions of their clients. If a client asks them to take particular action, the attorney must follow the instructions, unless there's an obvious reason to believe that it is not beneficial or even feasible.

To prevail in a malpractice suit the plaintiff has to prove that the lawyer breached their duty of care. It isn't easy to prove that the defendant's inaction or actions resulted in damage. It isn't enough to prove that the attorney's error Malpractice Lawyers caused a negative outcome. A malpractice claim must prove that there was a significant likelihood that the plaintiff's case could have been won had the defendant had followed the standard procedure.