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How to Sue Your Attorney for Malpractice

To sue your attorney on charges of malpractice, you must prove that the breach of duty resulted in financial, legal or other negative effects for you. It's not enough to prove the attorney's negligence was bad but you must also prove that there is a direct connection between the breach and the unfavorable outcome.

Legal malpractice law firm is not a issues of strategy. If you lose a case because your lawyer failed to file the lawsuit within the timeframe it could be a case of an act of malpractice.

Use of funds in a fraudulent way

One of the most frequent types of legal malpractice involves the misuse of funds by a lawyer. Attorneys are bound by a fiduciary obligation to their clients and must act with trust and fidelity when handling money or any other property that the client has trusted them with.

When a client pays retainer to their lawyer, the attorney is required to place that money into a separate escrow account specifically destined for the purpose of the case only. If the lawyer co-mingles the account with their own personal funds or uses it for any other purpose that is a clear violation of fiduciary duty and could result in legal malpractice.

For instance, suppose that a client hires an attorney to represent them in a lawsuit against a driver who slammed into them as they were crossing the street. The client has proof that the driver was negligent, and can show that the accident caused their injuries. Their lawyer violates the law and is unable to file the case on time. Consequently, the lawsuit is dismissed and the victim is financially harmed as a result of the lawyer's error.

The time limit to sue an attorney for negligence is governed by a statute of limitations which can be difficult to determine in cases where a loss or injury resulted from the attorney's negligence. A New York attorney who is skilled in malpractice law can explain the statute of limitations and help you determine if you have a case that qualifies for a lawsuit.

Failure to follow the Rules of Professional Conduct

Legal malpractice occurs when an attorney does not follow generally accepted professional standards and causes harm to the client. It has the same four elements as most torts, including an attorney-client relationship as well as a duty, breach, and proximate causation.

Some typical examples of misconduct include a lawyer commingling their personal and trust account funds, failing to timely file a lawsuit within the timeframe of the statute of limitations and taking on cases where they are not competent, failing to conduct a conflict-check, and not keeping up-to-date with court proceedings or any new developments in law that may affect the case. Lawyers are accountable to communicate with their clients in a timely manner. This isn't just limited to emails and faxes as well as returning phone calls promptly.

It is also possible for attorneys to engage in fraud. This could be done by lying to the client, or any other person involved in the investigation. In this situation, it is important to have all the facts at hand so that you can determine if the lawyer was being untruthful. It also constitutes a breach of the attorney-client contract if an attorney accepts an issue that is outside of their area of expertise and fails to inform the client about this or suggest that they seek separate counsel.

Inability to inform

If a client decides to hire an attorney, this means they've reached a point where their legal situation is beyond their expertise and experience, and they are unable to solve it on their own. The lawyer is obliged to inform clients of the importance of the case, the risks and costs involved, as well as their rights. When an attorney fails to perform this, they could be guilty of malpractice.

Many legal malpractice claims stem due to poor communication between attorneys and their clients. A lawyer may not answer a phone call or fail to inform their clients about a specific decision that they have made on their behalf. An attorney could also fail to communicate important details regarding a particular case, or not disclose any known issues with transactions.

A client can sue an attorney if they have suffered financial losses as a result of the lawyer's negligence. The losses have to be documented, which will require documents such as client files email correspondence, other correspondence between the attorney and the client, as well bills. In the case of fraud or theft it could also be necessary to be able to have an expert witness review the case.

Failure to Follow the Law

Attorneys are required to adhere to the law and know the way it is applied in particular situations. They could be found guilty of malpractice if they do not. Examples include mixing client funds with theirs or using settlement funds to pay for personal expenses, and not performing basic due diligence.

Other instances of legal malpractice are failure to file a suit within the time limit and missing court filing deadlines and not following the Rules of Professional Conduct. Attorneys must declare any conflicts of interest. This means that they have to inform clients of any financial or personal concerns that could impact their judgment in representing them.

Additionally, attorneys are required to abide by the instructions of their clients. If a client asks them to take particular action an attorney must follow the instructions unless there is any reason that suggests it is not beneficial or even feasible.

In order to win a malpractice suit, the plaintiff has to prove that the lawyer violated his duty of care. This isn't easy, as it requires showing 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; for a malpractice claim to succeed, it needs to be demonstrated that there's an extremely high chance that the plaintiff could have won their case in the event that the defendant had followed the usual procedure.