How to Sue Your Attorney for Malpractice

To bring a lawsuit against an attorney for malpractice, it is necessary to prove that the breach caused financial, legal, or other consequences for you. You must establish that there is a direct link between the attorney's negligence and the negative results.

Legal malpractice is not a matters of strategy. However, if you lose a lawsuit because your lawyer did not file the lawsuit on time this could be considered malpractice.

Misuse of Funds

One of the most popular types of legal malpractice is the misuse by a lawyer of funds. Lawyers are in a fiduciary relationship with their clients and are required to behave with the highest degree of trust and fidelity, particularly when dealing with money or other property that the client has entrusted to them.

If a client is required to pay their retainer, the lawyer is required by law to put that money into an escrow fund that is only intended for the specific case. If the lawyer makes use of the escrow account 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 lawsuit against a driver whose vehicle struck them while crossing the street. The client could prove the driver's negligence and the accident caused the injuries they sustained. However, malpractice lawsuit their lawyer is not aware of the statute of limitations and is incapable of bringing the case within time. Consequently, the lawsuit is dismissed and the victim is liable for financial losses because of the lawyer's error.

The time for suing an attorney for negligence is governed by a statute that limits the time for suing which can be a challenge to calculate in a situation where a loss or injury occurred as the result of the attorney's negligence. A competent New York attorney with experience in the field of malpractice attorney law can explain the statute of limitations to you and help you determine if your situation is a good fit for a legal malpractice suit.

Do not follow the rules of professional conduct

Legal malpractice is when a lawyer fails adhere to the generally accepted standards of professional practice and results in harm to the client. It is required to meet the four components of most torts: an attorney-client relation and a duty, breach and proximate cause.

Some examples of misconduct include a lawyer commingling their personal and trust account funds, failing to timely bring suit within the time limit and assuming cases in which they aren't competent, failing to conduct a proper conflict check, as well as not being up-to-date with court proceedings or any new developments in law that could affect the case. Lawyers also have a duty to communicate with clients in a fair manner. This includes not just the use of faxes and email, but also returning telephone calls promptly.

Attorneys can also commit fraud. This can occur in a variety of ways, including lying to the client or to anyone involved in a case. It is essential to understand the facts so you can determine if the attorney was insincere. A breach of the agreement between the attorney and client occurs when an attorney is able to handle an action outside of their area of expertise without informing the client about it or advising them to seek independent counsel.

Inability to inform

If a client decides to hire an attorney, it indicates that their legal issue has become beyond their knowledge and knowledge. They are unable solve the issue by themselves. The lawyer is obliged to inform clients of the advantages of the case, the potential risks and costs involved, and their rights. An attorney who fails to do this could be found guilty.

Many legal malpractice cases are the result of poor communication between lawyers, and their clients. A lawyer may not answer a calls or fail to inform their clients of a specific decision taken on their behalf. A lawyer may also fail to provide important information regarding an instance or fail to divulge any issues with transactions.

A client may sue an attorney if they've suffered financial losses due to the negligence of the lawyer. The losses must be documented, which will require documents such as client files emails, correspondence between the lawyer and the client, and bills. In the event of theft or fraud, it may also be necessary to get an expert witness to look into the case.

Failure to Follow the Law

Attorneys must abide by the law and understand the law's implications for specific situations. If they don't and they don't, they could be found guilty of malpractice. Examples include mixing funds from clients with their own and using settlement proceeds to pay for personal expenses, and not performing basic due diligence.

Other examples of legal malpractice include failure to file a suit within the time limit, missing court filing deadlines and not complying with the Rules of Professional Conduct. Attorneys must also declare any conflicts of interest. This means they must inform clients of any financial or personal interests that might affect their judgment when representing them.

In addition, attorneys are required to follow the instructions of their clients. Attorneys must follow the instructions of clients, unless it is clear that the action will not be beneficial.

To win a malpractice lawsuit the plaintiff must prove that the lawyer has violated his duty of care. It isn't easy to prove that the defendant's inaction or actions caused damage. It's not enough to prove the result of the negligence of the attorney was bad; for a malpractice claim to succeed, it must be shown that there is an excellent chance that the plaintiff would have won their case should the defendant followed the accepted practice.