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How to Sue Your Attorney for Malpractice

If you wish to sue your attorney over malpractice, you must prove that the breach of duty resulted in financial, legal or other negative consequences for you. You must show a direct connection between the attorney's negligence and the negative result.

Legal malpractice doesn't include matters of strategy. If you lose a case due to your lawyer didn't file the lawsuit in time it could be a case of negligence.

The misuse of funds

One of the most prevalent types of legal malpractice involves a lawyer's misuse of funds. Attorneys are bound by a fiduciary obligation to their clients, and must behave with trust and fidelity when handling funds or any other property that the client has entrusted them with.

When a client makes a retainer, their lawyer is required to deposit the money into a separate escrow account specifically for the purpose of that case only. If the lawyer uses the escrow fund for personal purposes or co-mingles it with their own funds and funds, they are in breach of their fiduciary responsibilities and could be charged with legal negligence.

Imagine, for example that a client hires an attorney to represent him in a suit filed against a driver who struck them while crossing the street. The client can prove the driver's negligence and the accident led to the injuries they sustained. However, their lawyer is not aware of the deadline and is incapable of bringing the case within time. The lawsuit is dismissed and the injured party suffers financial losses as a result of the lawyer's mistake.

The time limit to sue an attorney for negligence is governed by a statute of limitation that can be difficult to calculate in a case where a loss or injury occurred as the result of the attorney's negligence. A licensed New York attorney with experience in the field of malpractice law will be able to explain the statute of limitations to you and assist you determine if your case is a good candidate for a legal malpractice lawsuit.

Failure to Follow the Rules of Professional Conduct

Legal malpractice is the case when a lawyer doesn't adhere to the generally accepted standards of professional practice and results in harm to the client. It requires the four elements of most torts: an attorney-client relationship and a duty, breach and proximate cause.

Some examples of malpractice are the lawyer combining their personal and trust funds, failing to file suit within timeframes, pursuing cases in which they're not competent, failing to conduct an investigation into conflicts and not being up-to the current court proceedings or any new developments in law that could affect the case. Lawyers are accountable to communicate with their clients in a fair and reasonable manner. This is not limited to email and fax, but also includes returning phone calls promptly.

Attorneys can also commit fraud. This can occur in a variety of ways, such as lying to the client or anyone involved in a case. In this scenario, it is important to have the facts in hand so that you can determine if the attorney was untruthful. It is also a breach of the attorney-client agreement if an attorney decides to take on an issue that is outside of their expertise and fails to inform the client about this or advise them to seek separate counsel.

Failure to provide advice

If a client decides to hire an attorney, it implies that their legal matter has become beyond their knowledge and knowledge. They cannot resolve the issue by themselves. It is the attorney's responsibility to inform clients of the merits of a particular case in addition to the costs and risk associated with it, and their rights. If an attorney fails to perform this, they could be guilty of malpractice.

Many legal malpractice claims are the result of poor communication between attorneys and their clients. For instance an attorney may not respond to phone calls or fail to inform their clients of a decision made on their behalf. Attorneys may also not communicate important details regarding a particular case, or fail to disclose known issues in the transaction.

A client can sue an attorney if they have suffered financial losses as a result of the negligence of the lawyer. The losses should be documented. This requires evidence, like client files and emails or malpractice lawsuit other correspondence between an attorney and a client, as well as invoices. In cases involving theft or fraud it could also be necessary to have an expert witness examine the case.

Inability to Follow the Law

Attorneys are obligated to follow the law and understand the law's implications in particular situations. If they don't then they could be accused of misconduct. Examples include mixing funds from clients with theirs and using settlement proceeds to pay for personal expenses, and failing to do basic due diligence.

Other instances of legal malpractice include failure to file a lawsuit within the statute of limitations and missing court filing deadlines and not complying with the Rules of Professional Conduct. Attorneys are also obligated to disclose any material conflicts of conflicts of interest. They must inform clients of any personal or financial interest that could affect their judgment when representing them.

Attorneys are also required to follow the instructions of their clients. Attorneys must follow the instructions of clients unless it is clear that the act will not be beneficial.

To win a malpractice lawsuit, the plaintiff has to prove that the lawyer has violated his duty of care. This can be difficult because it requires proving that the defendant's actions, or inaction, caused damages. It is not enough to prove that the attorney's negligence resulted in a bad outcome. A malpractice claim must also prove that there was a significant chance that the plaintiff's claim could have been won had the defendant had followed normal procedures.