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How to Sue Your Attorney for Malpractice

To bring a lawsuit against an attorney for negligence, you must to prove that the breach of duty caused financial, legal or other implications for you. It is not enough to prove that the attorney's negligence was bad; you must also show an unambiguous link between the breach and the negative outcome.

The nuances of strategy don't qualify as legal malpractice, however, when your lawyer fails to file a lawsuit in time and you lose the case that could be a form of malpractice.

The misuse of funds

A misuse of funds by a lawyer is among the most widespread types of legal fraud. Lawyers have a fiduciary connection with their clients and are expected to act with the utmost trust and fidelity, especially when handling funds or other property that the client has handed over to them.

If a client pays their retainer the lawyer is obligated by law to keep that money into an fund for escrow that is exclusively used for that particular case. If the attorney mixes the account with their own personal funds or utilizes it for other purposes it is a clear breach of fiduciary responsibility and could constitute legal fraud.

Imagine, Malpractice lawyer for instance, that a client hired an attorney to represent him in a lawsuit filed against a driver whose vehicle struck them when they crossed the street. The client is able to prove that the driver was negligent and could prove that the collision caused their injuries. However, their lawyer fails to comply with the deadline and is not able to file the case in time. Thus, the lawsuit is dismissed and the person who was hurt is financially harmed 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 determine in cases where a loss or injury resulted from the negligence of the attorney. A reputable New York attorney with experience in the field of Malpractice Lawyer law will be able to explain the statute of limitations to you and help determine if your situation is suitable for a legal malpractice lawsuit.

Failure to Follow the Rules of Professional Conduct

Legal malpractice is when an attorney fails to follow generally accepted standards of professional conduct, and causes harm to the client. It is a requirement of the four elements of most torts: an attorney-client relationship and a duty, breach and the proximate cause.

A few common examples of malpractice include a lawyer who has a personal and trust account funds, failing to timely file suit within the time limit and assuming cases in which they aren't competent, failing to conduct an investigation into conflicts, and not staying up to date with court proceedings or new developments in the law that could affect the case. Lawyers are accountable to communicate with their clients in a fair and reasonable manner. This does not only include emails and faxes, but also includes returning telephone calls in a timely manner.

Attorneys are also able to commit fraud. This can occur in a variety of ways, such as lying to the client or to anyone involved in a case. In this instance it is crucial to have the facts on hand so that you can determine if the attorney was dishonest. It's also a violation of the attorney-client contract when an attorney is assigned an issue that is outside of their area of expertise and fails to inform the client about this or suggest they seek out separate counsel.

Inability to advise

When a client hires an attorney, it is a sign that they've reached the point where their legal situation is beyond their expertise and experience, and they are unable to resolve it by themselves. The lawyer is required to inform clients about the importance of the case, the potential risks and costs involved, as well as their rights. If a lawyer fails to do this could be guilty.

Many legal malpractice attorney claims result from a lack of communication between attorneys and their clients. Attorneys may not respond to the phone or fail inform their clients about a specific decision made in their behalf. A lawyer may also fail to provide important information regarding a case or fail to disclose known problems with transactions.

It is possible to bring a lawsuit against an attorney for negligence, but a plaintiff must show that they suffered real financial losses because of the negligence of the lawyer. The losses should be documented. This requires evidence, like email files and client files, or other correspondence between an attorney and a client, as well bills. In the case of fraud or theft an expert witness might be required to examine the case.

Inability to Follow the Law

Attorneys are bound by the law and understand the way it is applied in particular circumstances. If they don't or don't, they could be accused of misconduct. Examples include mixing client funds with their own or using settlement proceeds for personal expenses, and failing to perform basic due diligence.

Other examples of legal malpractice include failing to file a suit within the time limit or missing deadlines for filing with the court and malpractice lawyer not adhering to the Rules of Professional Conduct. Attorneys must also declare 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 abide by the instructions of their clients. If a client directs them to take a particular action, the attorney must follow those instructions unless there's an obvious reason that it would not be advantageous or is not feasible.

In order to win a malpractice suit the plaintiff must prove that the lawyer violated his duty of care. This isn't easy, as it requires showing that the defendant's actions, or inaction, caused damages. It's not enough to prove that the result of the negligence of the attorney was detrimental in order for a malpractice claim to succeed, it must be shown that there is an extremely high chance that the plaintiff would have won their case when the defendant had acted in accordance with the usual procedure.