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How to Sue Your Attorney for Malpractice

To sue an attorney for malpractice, it is necessary to show that the breach caused financial, legal or other implications for you. You must show an immediate connection between the attorney's negligence and the negative result.

The nuances of strategy don't constitute legal malpractice, however, if your lawyer fails to submit a lawsuit on time and you lose the case this could be a type of malpractice.

Misuse of Funds

Fraud in the handling of funds by lawyers is one of the most widespread kinds of legal negligence. Lawyers have a fiduciary obligation with their clients and are required to act with the utmost trust and fidelity, especially when dealing with funds or other property that the client has left to them.

If a client pays retainer to their lawyer, the lawyer is required to put the money in a separate escrow account that is specifically designated for the specific purpose of the case only. If the attorney combines the escrow account with their personal funds, or uses it for other purposes that is a clear breach of fiduciary duty, and could be considered legal misconduct.

Imagine, for instance, that a client hires their attorney to represent them in a lawsuit against a driver who hit them while they were walking along the street. The client is able to prove that the driver was negligent and can prove that the collision caused their injuries. The lawyer, however, does not follow the law and is not able to file the case in time. The lawsuit is dismissed and the person who was injured suffers a financial loss because of the lawyer's mistake.

The time to sue an attorney for negligence is governed by a statute-of-limitations that can be difficult to determine in a situation where a loss or injury occurred as the result of the attorney's negligence. A competent New York attorney with experience in malpractice law can explain the statute of limitations to you and help you determine if your situation is a suitable candidate for a legal malpractice lawsuit.

Infractions to the rules of professional conduct

Legal malpractice occurs when a lawyer does not adhere to the generally accepted standards of professional practice and causes harm to the client. It is a requirement of the four elements of the most common torts: an attorney-client relationship the breach of a duty and proximate cause.

Some examples of malpractice attorneys are the lawyer mixing personal and trust funds, failing to timely to file suit within the time limits, taking cases in which they are not competent, failing to conduct an investigation into conflicts and not staying up to the latest court proceedings or any other legal developments that could impact the case. Lawyers also have a duty to communicate with clients in a reasonable way. This isn't just limited to emails and faxes and includes also answering phone calls promptly.

It is also possible for attorneys to engage in fraud. It can be done in a variety of ways, such as lying to the client or anyone else involved in the case. It is essential to understand Malpractice Lawyers the facts so that you can determine if the attorney was insincere. It is also a breach of the attorney-client contract if an attorney accepts cases that are outside of their area of expertise and does not inform the client of this or advise them to seek separate counsel.

Inability to advise

If a client decides to hire an attorney, it is a sign that they have reached the point where their legal situation is beyond their ability and experience and they are unable to solve it by themselves. The lawyer has a duty to inform clients of the advantages of the case, the risks and costs involved, as well as their rights. A lawyer who fails to provide this advice could be held accountable.

Many legal malpractice claims result from a lack of communication between lawyers and their clients. For instance an attorney may not respond to phone calls or fail to notify their clients of a decision taken on their behalf. An attorney might also not communicate important details about a case or not disclose any known issues in an transaction.

It is possible to sue an attorney for negligence, but the client must prove they were able to recover financial losses as a result of the negligence of their lawyer. The losses must be documented, which requires evidence such as files of the client, emails and other correspondence between the attorney and the client, as well bills. In the event of fraud or theft it could also be necessary to be able to have an expert witness review the case.

Failure to Follow the Law

Attorneys are required to follow the law and understand the laws that apply to specific situations. If they don't, they could be guilty of misconduct. Examples include mixing client funds with their own, or using settlement proceeds to pay personal expenses, or not performing basic due diligence.

Other examples of legal malpractice are failure to file a lawsuit within the time limit and missing court filing deadlines and not observing the Rules of Professional Conduct. Attorneys are also required to disclose any 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 follow the instructions of their clients. If a client instructs them to take a particular action an attorney must follow the instructions unless there is an obvious reason why it is not advantageous or is not feasible.

To win a malpractice lawsuit the plaintiff has to prove that the lawyer breached their duty of care. This isn't easy, since it requires proof that the defendant's actions or negligence caused damages. It isn't enough to prove that the attorney's error caused a bad result. A Malpractice Lawyers claim must also show that there was a substantial likelihood that the plaintiff's case would have been won if the defendant had followed normal procedures.