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How to Sue Your Attorney for Malpractice

To sue an attorney for Malpractice Lawyer, it is necessary to prove that the breach had negative legal, financial or other repercussions for you. You must prove a direct connection between the attorney's negligence and the negative outcome.

Legal malpractice lawsuits doesn't include matters of strategy. However, if you lose a case due to your lawyer was not able to file the lawsuit in time, this could be negligence.

Misuse of Funds

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

If a client is required to pay their retainer and the lawyer is required by law to keep that money in an funds that are only specifically used for the particular case. If the attorney makes use of the escrow fund for personal reasons or mixes it with their own funds it is in violation of their fiduciary duty and could be charged with legal negligence.

For example, imagine that a client hires their attorney to represent them in the case of a driver who hit them while they were crossing the street. The client could prove the driver's negligence and the collision resulted in their injuries. The lawyer however fails to comply with the law and is unable to file the case in time. Therefore, the case is dismissed and the party who was injured suffers financial losses because of the lawyer's error.

A statute of limitation limits the time that you can sue an lawyer for malpractice. It can be a challenge to calculate when an injury or loss was caused by the attorney's negligence. A qualified New York attorney with experience in the field of malpractice law will be able to explain the time limit to you and help you determine if your situation is a suitable candidate for a legal malpractice lawsuit.

Do not follow the professional rules of conduct

Legal malpractice is when an attorney fails to adhere to generally accepted standards of professional conduct, and causes harm to the client. It requires the same four elements as most torts: an attorney-client relationship as well as a duty, breach, and proximate causation.

A few examples of malpractice lawsuits include a lawyer mixing their personal and trust funds, failing to timely to file a suit within the timeframes, pursuing cases in which they are not competent, not conducting a conflict check and not keeping up to date on court proceedings or any new legal developments that could impact the case. Lawyers also have a responsibility to communicate with clients in a reasonable way. This is not limited to email and faxes but also resolving telephone calls promptly.

Attorneys are also able to commit fraud. It can be done in various ways, including lying to the client or anyone else involved in the case. In this situation, it is important to have the facts on your possession to determine if the attorney was being insincere. It's also a violation of the attorney-client agreement if an attorney decides to take on cases that are outside of their expertise and fails to inform the client of this or suggest they seek out separate counsel.

Inability to inform

If a client engages an attorney, it means they've reached the stage where their legal issue is beyond their own skill and experience and they are no longer able to resolve it on their own. It is the job of the lawyer to provide advice to clients regarding the merits of a particular case in addition to the costs and risk involved and their rights. A lawyer who fails to provide this advice could be liable.

Many legal malpractice claims stem due to poor communication between attorneys and their clients. An attorney may not return the phone or fail inform their clients of a particular decision made in their behalf. Attorneys may not also communicate vital information regarding a case or fail to inform clients of issues with a transaction.

It is possible to sue an attorney for negligence, however, a client must prove they were able to recover financial losses as a result due to the negligence of the attorney. These losses must be documented, which will require evidence such as client files email correspondence, other correspondence between the lawyer and the client, as well bills. In the event of fraud, or theft, an expert witness may be required to examine the case.

Failure to Follow the Law

Attorneys are obligated to follow the law and understand the way it is applied in particular situations. If they fail to do so then they could be accused of misconduct. Examples include combining 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 failure to file a lawsuit within the time limit and not filing the suit by the deadlines set by the court and not observing the Rules of Professional Conduct. Attorneys must also declare any conflicts of interest. This means that they have to inform clients of any financial or personal interests that could affect their decision-making process when representing them.

Attorneys are also required to comply with the directions of their clients. Attorneys must follow instructions from clients unless it is evident that the actions is not beneficial.

In order to win a malpractice lawsuit the plaintiff has to prove that the lawyer violated their duty of care. It isn't easy to prove that the defendant's actions or actions resulted in damage. It's also not enough to show that the result of the attorney's negligence was bad and for a malpractice case to be successful, it must be demonstrated that there's a high probability that the plaintiff would have won their case in the event that the defendant had followed the standard procedure.