How to Sue Your Attorney for Malpractice

To sue your attorney on charges of malpractice, you must prove that their breach of duty caused financial, legal or other negative consequences for you. You must show that there is a direct link between the attorney's negligence and the negative results.

Legal malpractice does not include matters of strategy. However, if you lose a lawsuit because your lawyer didn't file the lawsuit on time this could be considered malpractice.

Misuse of Funds

One of the most popular types of legal malpractice involves the misuse by a lawyer of funds. Lawyers have a fiduciary obligation with their clients and are required to act with a high degree of trust and fidelity, especially when dealing with money or other property that the client has handed over to them.

When a client pays their retainer, the lawyer is required by law to place that money in a separate funds that are only specifically used for the particular case. If the attorney mixes the escrow account with their own personal funds or utilizes it for any other purpose this is a blatant breach of fiduciary responsibility and could constitute legal malpractice.

For instance, suppose that a client hires an attorney to represent them in a lawsuit against a driver who hit them as they were walking along the street. The client could prove the driver's negligence and the accident caused their injuries. The lawyer, however, fails to comply with the law and is unable to file the case on time. Therefore, the case is dismissed and the party who was injured suffers financial losses as a result of the lawyer's error.

The statute of limitations limit the time that you can sue an lawyer for malpractice. It can be difficult to determine if an injury or loss is caused by the attorney's negligence. A reputable New York attorney with experience in malpractice law can explain the statute of limitations to you and assist you to determine if your situation is a suitable candidate for a legal malpractice suit.

Infractions to the rules of professional conduct

Legal malpractice law firm occurs when an attorney does not follow generally accepted professional standards and harms the client. It requires the same four elements as most torts, including an attorney-client relationship and a duty, a breach, and proximate cause.

Some common instances of malpractice include a lawyer mixing trust and personal account funds, failing to file suit within the time limit and assuming cases where they aren't competent, not performing a proper conflict check, as well as not keeping up-to-date on court proceedings or new developments in law that could impact the case. Lawyers are accountable to communicate with their clients in a reasonable way. This does not only include email and fax, but also includes answering phone calls in a timely manner.

Attorneys are also able to commit fraud. This can be done by lying to the client, or anyone else involved in the case. It is crucial to know the facts so that you can determine if the attorney is untruthful. It is also a breach of the contract between attorney and client if an attorney is assigned a case that is outside of their area of expertise and does not 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 indicates that their legal issues have become beyond their skill and experience. They are unable solve the issue on their own. The lawyer is obliged to inform clients about the benefits of the case, the risks and costs involved, as well as their rights. If an attorney does not comply with this requirement, they could be liable for malpractice.

Many legal malpractice claims stem from of poor communication between lawyers and their clients. An attorney may not return phone call or fail to inform their clients of a certain decision taken on their behalf. An attorney might also not communicate important details about a case or fail to inform clients of problems with transactions.

It is possible to bring a lawsuit against an attorney for malpractice, but a client must prove they suffered financial losses due to of the negligence of the lawyer. These losses must be documented. This requires evidence, like client files and emails or other correspondence between an attorney and a client as well as bills. In cases involving fraud or theft it could also be required to be able to have an expert witness review the case.

Failure to Follow the Law

Attorneys are obligated to follow the law and understand the way it is applied in particular circumstances. They could be found guilty of malpractice lawyer in the event that they fail to follow. Examples include mixing client funds with their own, or using settlement proceeds for personal expenses, and failing to exercise basic due diligence.

Other instances of legal malpractice include failing to file a lawsuit within the time limit or missing deadlines for filing with the court and not adhering to the Rules of Professional Conduct. Attorneys are also obligated to disclose any conflict of interest. This means that they have to inform clients of any financial or personal concerns that could impact their decision-making process when representing them.

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

In order to prevail in a malpractice case, the plaintiff has to show that the lawyer acted in violation of his duty of care. It can be difficult to prove that the defendant's actions or actions resulted in damage. It's not enough to prove the result of the attorney's negligence was negative to be able to prove a malpractice claim. to succeed, it needs to be shown that there is a high probability that the plaintiff could have won the case when the defendant had acted in accordance with the standard procedure.