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How to Sue Your Attorney for Malpractice

If you want to sue your attorney for malpractice, you must demonstrate that their breach of duty caused financial, legal or other negative consequences for you. It is not enough to demonstrate that the attorney's negligence was bad; you must also show that there is a direct connection between the breach and the resulting outcome.

Legal malpractice is not a matters of strategy. If you lose a case due to your lawyer failed to file the lawsuit in time, this could be an act of malpractice.

Misuse of Funds

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

When a client pays their retainer and the lawyer is required by law to put that money in a separate escrow account that is exclusively used for that particular case. If the attorney mixes the escrow account with their personal funds or utilizes it for other purposes, this is a clear breach of fiduciary duty, and could result in legal negligence.

Imagine, for example that a client hires an attorney to represent the client in a lawsuit filed against a driver who struck them while crossing the street. The client has proof that the driver was negligent and could prove that the accident caused their injuries. However, their lawyer fails to comply with the statute of limitations and is in a position to file the lawsuit within time. Consequently, the lawsuit is dismissed and the injured party is liable for financial losses as a result of the lawyer's error.

The time limit to sue an attorney for malpractice is limited by a statute-of-limitations which can be difficult to calculate in a case where an injury or loss resulted from the negligence of the attorney. A New York attorney who is knowledgeable about malpractice law will be able to explain the statute of limitation and assist you in determining whether you are eligible for an action.

Failure to adhere to the professional rules of conduct

Legal Malpractice Lawyers occurs when an attorney does not follow generally accepted professional standards, and inflicts harm on the client. It is a requirement of the four elements of the most common torts: an attorney-client relationship as well as breach of duty and the proximate cause.

A few examples of malpractice include the lawyer mixing personal and trust funds, failing to file suit within the timeframes, pursuing cases in which they are not competent, not conducting an effective conflict check, and not being up to the latest court proceedings, or any new developments in law that could affect the case. Lawyers are required to communicate with their clients in a timely manner. This does not only include emails and faxes, but also the ability to return phone calls promptly.

Attorneys can also commit fraud. This can occur in various ways, including lying to the client or to anyone involved in a case. In this instance it is crucial to have the facts in the hands of the investigator to determine if the lawyer was being untruthful. It is also a breach of the attorney-client contract if an attorney takes on a case that is outside of their expertise and fails to inform the client of this or suggest that they seek separate counsel.

Inability to inform

If a client engages an attorney, it means they've reached a point where their legal situation is beyond their ability or experience and they can no longer resolve it by themselves. The lawyer is obliged to inform clients about the importance of the case, the potential risks and costs involved, and their rights. Lawyers who fail to do so may be guilty.

Many legal malpractice claims result from a lack of communication between attorneys and their clients. For example, an attorney might not respond to phone calls or fail to inform their clients of a decision taken on their behalf. An attorney may also be unable to communicate important details about an instance or fail to identify any issues with transactions.

A client may sue an attorney if they've suffered financial losses as a result of the negligence of the lawyer. These losses must be documented. This requires evidence, such as email and client files, or any other correspondence between an attorney and a client and also bills. In cases of theft or fraud, it may also be required to be able to have an expert witness review the case.

Inability to Follow the Law

Attorneys are required to adhere to the law and comprehend the way it is applied in particular situations. They could be found guilty of misconduct if they do not. Examples include combining client funds with their own or using settlement proceeds for personal expenses, and failing to exercise basic due diligence.

Another instance of legal malpractice includes failure to file a lawsuit within the statute of limitations, ignoring deadlines for filing in court and not adhering to the Rules of Professional Conduct. Attorneys are also required to disclose any significant conflicts of conflicts of interest. They must inform clients of any personal or financial interest that could influence their judgement when representing them.

Attorneys are also required to adhere to the instructions of their clients. If a client directs them to take a specific action the attorney must comply with the instructions, unless there's an obvious reason why it would not be beneficial or feasible.

To win a malpractice suit, the plaintiff must prove that the lawyer violated their duty of care. This can be difficult because it requires proving that the defendant's actions, or inaction, caused damages. It is not enough to prove that the attorney's error caused a bad result. A malpractice claim must also prove that there was a substantial probability that the plaintiff's case could have been settled if the defendant had followed standard procedures.