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How to Sue Your Attorney for Malpractice

To pursue an attorney's malpractice, it is necessary to show that the breach had negative legal, financial or other implications for you. It is not enough to prove that the attorney's negligence was negligent; you must also show a direct link between the breach and the resulting outcome.

Matters of strategy do not qualify as legal malpractice, however, if your lawyer does not file a lawsuit in time and you lose the case, it could be a case of malpractice.

The misuse of funds

Misuse of funds by lawyers is among the most prevalent types of legal negligence. Attorneys are bound by a fiduciary obligation to their clients, and must behave with trust and fidelity when handling funds or other property the client has entrusted them with.

If a client is required to pay their retainer to a lawyer, they are required by law to place that money in an escrow fund that is only specifically used for the particular case. If the lawyer uses the escrow fund for personal reasons or malpractice lawsuit mixes it with their own funds the attorney is in breach of their fiduciary duty and could be accused of legal misconduct.

Imagine, for example that a customer hires an attorney to represent him in a suit filed against a driver whose vehicle struck them when they crossed the street. The client can prove that the driver was negligent, and can prove that the collision caused their injuries. Their lawyer violates the law and is unable file the case in time. The lawsuit is dismissed and the party who was injured is liable for financial loss as a result of the lawyer's error.

The time limit to sue an attorney for negligence is governed by a statute of limitations which can be a challenge to calculate in a case where an injury or loss was the result of the attorney's negligence. A New York attorney who is experienced in malpractice law will be able to explain the statute of limitations and assist you in determining whether you are eligible for a lawsuit.

Infractions to the professional rules of conduct

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

Some examples of malpractice attorney are lawyers who mix personal and trust funds, failing timely to file suit within timeframes, pursuing cases where they are not competent, failing to perform a conflict check and malpractice lawsuit not being up-to the latest court proceedings, or any new developments in law that could impact the case. Lawyers must communicate with their clients in a reasonable way. This is not limited to email and fax and also includes responding to phone calls promptly.

Attorneys are also able to commit fraud. It can be done in a variety of ways, such as lying to the client or anyone involved in a case. In this case, it is important to have the facts in the hands of the investigator to determine if the lawyer was insincere. It also constitutes a breach of the attorney-client agreement if an attorney decides to take on an assignment that is not within the scope of their area of expertise and fails to inform the client about this or advise them to seek separate counsel.

Failure to Advise

When a client employs an attorney, it means they've reached the stage where their legal problem is beyond their capabilities and experience and that they are no longer able to resolve it by themselves. It is the attorney's responsibility to inform clients of the advantages of a case as well as the risks and costs involved, as well as their rights. A lawyer who fails to do so may be held accountable.

Many legal malpractice lawyers claims are the result of poor communication between attorneys, and their clients. For example attorneys may not answer phone calls or fail to inform their clients of a decision made on their behalf. An attorney may also not communicate important details regarding a case, or fail to reveal any issues in an transaction.

It is possible to bring a lawsuit against an attorney for negligence, but the client must prove that they were able to recover financial losses as a result of the lawyer's negligence. The losses have to be documented, which requires evidence such as files of the client email correspondence, other correspondence between the lawyer and the client, as well bills. In cases of fraud or theft an expert witness might be required to examine the case.

Failure to Follow the Law

Attorneys are required to follow the law and understand the law's implications in particular circumstances. They could be found guilty of misconduct if they do not. Examples include commingling client funds with their own or using settlement proceeds for personal expenses, or failing to exercise 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 not adhering to the Rules of Professional Conduct. Attorneys are also required to disclose any conflicts of interests. They must disclose to clients any financial or personal interest that might affect their judgment when representing them.

Attorneys must also follow the instructions of their clients. Attorneys must follow instructions from clients unless it is obvious that the actions will not be beneficial.

To prevail in a malpractice lawsuit, the plaintiff has to prove that the lawyer has violated his duty of care. It isn't easy to prove that the defendant's lapses or actions caused harm. It's not enough to show that the result of the attorney's negligence was negative in order for a malpractice lawsuit claim to succeed, it needs to be proved that there is a high probability that the plaintiff would have prevailed should the defendant followed the standard procedure.