How to Sue Your Attorney for Malpractice

To bring a lawsuit against an attorney for negligence, you must to show that the breach of duty resulted in negative financial, legal, or other consequences for you. You must demonstrate that there was a direct link between your attorney's incompetence and the negative outcome.

Strategy-related issues do not count as legal malpractice but when your lawyer fails to file a lawsuit on time and you lose the case, this could be a type of malpractice.

Misuse of Funds

One of the most prevalent types of legal malpractice is the misuse of funds by lawyers. Lawyers have a fiduciary obligation with their clients and are expected to behave with the utmost trust and fidelity, particularly when handling money or other property that the client has left to them.

If a client pays their retainer the lawyer is obligated by law to place that money into an escrow fund that is only used for that particular case. If the lawyer co-mingles the account with personal funds or uses it for any other purpose that is a clear violation of fiduciary duty and could be considered legal misconduct.

Imagine, for instance, that a client hires an attorney to represent them in a lawsuit against a driver who hit them as they were walking across the street. The client is able to prove the driver's negligence and the collision resulted in the injuries they sustained. The lawyer, however, fails to comply with the law and is unable file the case in time. The lawsuit is dismissed, and the injured party suffers financial losses as a result of the lawyer's mistake.

The time for suing an attorney for negligence is governed by a statute of limitations that can be difficult to determine in cases where a loss or injury resulted from the negligence of the attorney. A competent New York attorney with experience in the field of malpractice law will be able to explain the statute of limitations to you and help you determine if your case is a good fit for a legal malpractice lawsuit.

Failure to Follow the Rules of Professional Conduct

Legal malpractice occurs when a lawyer fails to adhere to generally accepted professional standards and causes harm to the client. It is required to meet the four components of the most common torts: an attorney-client relationship as well as breach of duty and proximate cause.

A few examples of Malpractice Lawyer include the lawyer mixing personal and trust funds, failing timely to file suit within timeframes, pursuing cases in which they aren't competent, failing to conduct an examination of conflicts and not keeping up to date on court proceedings or any other legal developments that could impact the case. Lawyers have a responsibility to communicate with their clients in a timely manner. This is not limited to email and faxes, but also returning telephone calls promptly.

Attorneys can also commit fraud. It can be done by lying to the client or to anyone else involved in the investigation. It is essential to understand the facts so you can determine if the attorney is dishonest. A violation of the agreement between an attorney and a client occurs when an attorney handles an action outside of their area of expertise without informing the client about it or soliciting independent counsel.

Inability to inform

If a client decides to hire an attorney, it indicates that they've reached a stage where their legal issue is beyond their own skill and experience and that they are no longer able to resolve it by themselves. It is the attorney's responsibility to provide advice to clients regarding the benefits of a case as well as the risks and costs involved and their rights. If an attorney does not do this, they may be found guilty of malpractice.

Many legal malpractice cases result from poor communication between attorneys and their clients. For example, an attorney might not return phone calls or fail to notify their clients of a decision made on their behalf. A lawyer may also fail to communicate important details about an instance or fail to divulge any issues with an transaction.

It is possible to sue an attorney for negligence, however, a client must prove that they have suffered financial losses as a result of the lawyer's negligence. The losses have to be documented, which will require evidence like client files email correspondence, other correspondence between the attorney and the client, as well as bills. In the event of fraud, or theft an expert witness could be required to examine the case.

Inability to Follow the Law

Attorneys are required to adhere to the law and know the way it is applied in particular circumstances. If they fail to do so or don't, they could be accused of malpractice. Examples include mixing client funds with theirs, using settlement proceeds to pay for personal expenses, and failing to exercise basic due diligence.

Another instance of legal misconduct is the failure to file a lawsuit within the timeframe of limitations, not meeting deadlines for filing court documents or not adhering to the Rules of Professional Conduct. Attorneys must declare any conflicts of interest. They must inform clients of any financial or personal interests that could influence their judgement when representing them.

Attorneys are also required to adhere to the instructions of their clients. Attorneys must follow instructions from clients unless it is clear that the decision will not be beneficial.

In order to win a malpractice suit, the plaintiff has to prove that the lawyer violated his duty of care. This can be a challenge, as it requires showing that the defendant's actions or inaction caused damages. It's not enough to prove that the result of the attorney's negligence was bad to be able to prove a malpractice claim. to be successful, it must be proven that there is a high probability that the plaintiff could have won the case in the event that the defendant had followed the usual procedure.