How to Sue Your Attorney for Malpractice

To claim a lawyer's malpractice, it is necessary to prove that the breach of duty caused financial, legal or other repercussions for you. You must show that there was a direct link between your attorney's incompetence and the negative outcome.

Legal malpractice does not cover matters of strategy. However, if you lose a lawsuit because your lawyer did not file the lawsuit within the timeframe, this could be malpractice lawyers.

Inappropriate use of funds

One of the most popular kinds of legal malpractices is the misuse of funds by a lawyer. Lawyers are bound by a fiduciary duty to their clients, and must act with trust and fidelity when handling funds or other assets that the client has given them.

When a client makes a payment for their retainer to a lawyer, they are required by law to place that money in an funds that are only specifically used for the particular case. If the attorney co-mingles the escrow account with their personal funds or makes use of it for any other purpose that is a clear breach of fiduciary responsibility and could constitute legal malpractice law firms.

Imagine, for instance, that a client hired an attorney to represent him in a suit filed against a driver whose vehicle struck them while crossing the street. The client has proof that the driver was negligent and could prove that the collision caused their injuries. Their lawyer, however, misses the statute and is unable to file the case on time. Thus, the lawsuit is dismissed and the injured party is financially harmed as a result of the lawyer's mistake.

The time limit to sue an attorney for malpractice is limited by a statute-of-limitations that can be difficult to determine in cases where a loss or injury occurred as the result of the negligence of the attorney. A qualified New York attorney with experience in the field of malpractice lawsuits law will be able to explain the time limit to you and help determine if your case is suitable for a legal malpractice lawsuit.

Failure to adhere to the rules of professional conduct

Legal malpractice occurs when an attorney fails to adhere to the generally accepted professional standards and malpractice Lawyers harms the client. It is the result of four elements of most torts: an attorney-client relation as well as breach of duty and proximate cause.

A few common examples of malpractice are a lawyer mixing trust and personal account funds, failing in time to file a lawsuit within the timeframe of the statute of limitations and assuming cases where they aren't competent, failing to conduct an investigation into conflicts, and not keeping up-to-date with court proceedings or any new developments in law that could affect the case. Lawyers are also required to communicate with clients in a fair manner. This is not limited to email and faxes but also the ability to return phone calls promptly.

It is also possible for lawyers to commit fraud. This could be accomplished by lying to the client, or any other person who is involved in the investigation. It is essential to understand the facts so you can determine if the lawyer was untruthful. It's also a violation of the attorney-client contract if an attorney is assigned an assignment that is not within the scope of their area of expertise and fails to inform the client of this or suggest that they seek separate counsel.

Failure to Advise

If a client engages an attorney, it indicates that they've reached the stage where their legal issue is beyond their capabilities and experience, and malpractice lawyers they are unable to solve it on their own. Lawyers are required to inform clients about the merits of the case, the potential risks and costs involved, as well as their rights. If an attorney does not comply with this requirement, they could be guilty of malpractice.

Many legal malpractice cases result due to poor communication between attorneys and their clients. For example an attorney may not respond to phone calls or fail to inform their clients of the decision made on their behalf. A lawyer may also fail to provide important information regarding a case or fail to divulge any issues with 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 have to be documented, which will require evidence like client files email correspondence, other correspondence between the lawyer and the client, as well as bills. In the event of fraud, or theft an expert witness might be needed to investigate the case.

Inability 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 misconduct when they fail to do so. Examples include mixing client funds with theirs, using settlement proceeds to pay for personal expenses, and failing to exercise basic due diligence.

Other examples of legal misconduct include failure to file a suit within the statute of limitation and not filing the suit by the deadlines set by the court and not complying with the Rules of Professional Conduct. Attorneys must disclose any conflicts of interest. They must disclose to clients any financial or personal interests that could influence their judgement when representing them.

Finally, attorneys are obligated to follow the instructions of their clients. Attorneys must follow the instructions of clients unless it is evident that the act is not beneficial.

To win a malpractice lawsuit the plaintiff has to prove that the lawyer violated their duty of care. This can be a challenge, because it requires proving that the defendant's actions or inaction caused damages. It isn't enough to prove that the attorney's negligence caused a bad result. A malpractice claim must also demonstrate that there was a substantial chance that the plaintiff's claim could have been won had the defendant had followed normal procedures.