How to Sue Your Attorney for Malpractice

To bring a lawsuit against an attorney for negligence, you must to prove that the breach caused financial, legal or other consequences for you. It's not enough to prove the negligence of the attorney was a problem but you must also prove that there is a direct connection between the breach and the negative outcome.

Strategy-related issues do not count as legal malpractice however, the lawyer you hire fails to file a lawsuit on time and you lose the case that could be a form of malpractice.

Inappropriate use of funds

One of the most common kinds of legal malpractice lawyers is the misuse of funds by a lawyer. Attorneys are bound by a fiduciary obligation to their clients and must behave with trust and fidelity when handling money or other property the client has trusted them with.

When a client pays retainer fees, their attorney is required to place the money into a separate escrow account specifically destined for the purpose of the case only. If the lawyer uses the escrow fund for personal use or co-mingles it with their own funds the attorney is in breach of their fiduciary duties and could be accused of legal misconduct.

Imagine, for example, that a client hired an attorney to represent him in a suit filed against a driver who was struck by them as they crossed the street. The client can prove that the driver was negligent and could prove that the accident caused their injuries. However, their lawyer misses the statute of limitations and is in a position to file the lawsuit in time. Therefore, the case is dismissed and the victim suffers financial loss due to the lawyer's error.

A statute of limitations limits the time you have to sue an lawyer for malpractice. It can be difficult to calculate when an injury or loss is caused by the attorney's negligence. A New York attorney who is skilled in malpractice law will be able to explain the statute of limitation and help you decide if you have a case that is eligible for an action.

Inability to follow the Rules of Professional Conduct

Legal malpractice is when an attorney fails to adhere to the generally accepted professional standards, and harms the client. It requires the four elements of the most common torts: an attorney-client relationship, a duty, breach and proximate cause.

A few examples of malpractice include the lawyer combining their personal and trust funds, not submitting claims in time to file a suit within the time limits, taking cases in which they're not competent, not conducting an effective conflict check, and not keeping up to the current court proceedings or any new legal developments that could affect the case. Lawyers have a responsibility to communicate with their clients in a fair and reasonable manner. This does not only include email or fax and includes also answering phone calls in a timely manner.

It is also possible for attorneys to commit fraud. This can happen in a variety of ways, such as lying to the client or to anyone involved in a case. It is crucial to know the facts in order to determine if the attorney is insincere. A breach of the attorney-client agreement is when an attorney decides to take an issue that is not within their area of expertise without advising the client or soliciting independent counsel.

Failure to Advise

When a client employs a lawyer, it signifies that their legal issues have become beyond their skill and knowledge. They are unable to solve the problem on their own. It is the job of the lawyer to advise clients on the merits of a case as well as the risks and costs involved, as well as their rights. Lawyers who fail to do so may be found guilty.

Many legal malpractice cases result from a lack of communication between lawyers and their clients. A lawyer may not answer a phone calls or fail to inform their clients of a certain decision made in their behalf. An attorney may also be unable to provide important information regarding the case or fail to reveal any problems that may arise from an transaction.

It is possible to bring a lawsuit against an attorney for malpractice, but a client must prove that they were able to recover financial losses as a result of the negligence of their lawyer. The losses must be documented. This requires evidence, such as client files and emails, or any other correspondence between an attorney and client, as well as invoices. In the case of theft or fraud it could be required to have an expert witness examine the case.

Failure to Follow the Law

Attorneys must adhere to the law and know the law's implications for specific circumstances. They could be found guilty of malpractice if they do not. Examples include mixing client funds with their own, or using settlement proceeds to pay personal expenses, and failing to exercise basic due diligence.

Other examples of legal malpractice are failure to file a suit within the statute of limitation and not filing the suit by the deadlines set by the court and not following the Rules of Professional Conduct. Attorneys are also obligated to disclose any significant conflicts of interests. They must inform clients of any financial or personal interest that could affect their judgment when representing them.

Finally, attorneys are obligated to follow instructions from their clients. Attorneys must follow instructions from clients, unless it is clear that the act will not be beneficial.

To win a malpractice lawsuit the plaintiff must prove that the lawyer has violated his duty of care. It can be challenging to establish that the defendant's inaction or actions caused damage. It isn't enough to show that the attorney's negligence caused a bad result. A malpractice claim must prove that there was a substantial chance that the plaintiff's claim would have been won if the defendant had followed standard procedures.