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How to Sue Your Attorney for Malpractice

To sue your attorney for malpractice, you must prove that the breach of duty led to financial, legal or other negative outcomes for you. You must show a direct connection between the attorney's negligence and the negative results.

Strategy-related issues do not count as legal malpractice but the lawyer you hire fails to submit a lawsuit on time and you lose the case, it could be a case of malpractice attorney.

The misuse of funds

One of the most frequent kinds of legal malpractice is a lawyer's misuse of funds. Lawyers are in a fiduciary relationship with their clients and are required to behave with a high level of trust and fidelity, particularly when handling funds or other property that the client has handed over to them.

If a client is required to pay their retainer to a lawyer, they are required by law to put that money in an escrow account that is exclusively intended for the specific case. If the attorney co-mingles the escrow account with personal funds or uses it for any other purpose it is a clear violation of fiduciary duty and could constitute legal fraud.

Imagine, for example that a client hires an attorney to represent him in a suit filed against a motorist whose car hit them as they crossed the street. The client has proof that the driver was negligent and is able to prove that the accident caused their injuries. Their lawyer violates the law and is unable to file the case on time. The lawsuit is dismissed, and the party who was injured suffers a financial loss because of the lawyer's mistake.

A statute of limitations limits the time that you can claim a lawyer's negligence. It can be difficult to determine when an injury or loss is caused by negligence of the lawyer. A New York attorney who is experienced in malpractice law can explain the statute of limitation and help you decide if you are eligible for a lawsuit.

Failure to adhere to the rules of professional conduct

Legal malpractice is when an attorney fails to follow generally accepted professional standards and causes harm to the client. It entails the same four elements that are common to all torts, which are an attorney-client relationship, a duty, malpractice a breach, and proximate causation.

A few common examples of malpractice include a lawyer who has a personal and trust account funds, failing in time to file suit within the timeframe of the statute of limitations or taking on cases where they aren't competent, not conducting a proper conflict check, as well as not keeping up-to-date with court proceedings or any new developments in the law that could impact the case. Lawyers also have a duty to communicate with clients in a timely manner. This is not limited to email and fax and also includes answering phone calls in a timely manner.

Attorneys are also able to commit fraud. This can be done by lying to the client or any other person who is involved in the investigation. In this instance it is crucial to have the facts in the hands of the investigator to determine if the lawyer was being deceitful. A breach of the attorney-client agreement occurs when an attorney is able to handle an action outside of their area of expertise without informing the client or soliciting independent counsel.

Inability to provide advice

If a client decides to hire a lawyer, it means that their legal issue has been beyond their expertise and experience. They cannot resolve the issue on their own. The lawyer is required to inform clients about the advantages of the case, the potential risks and costs involved, as well as their rights. When an attorney fails to perform this, they could be found guilty of malpractice.

Many legal malpractice claims are the result of poor malpractice communication between lawyers and their clients. For instance, an attorney might not answer phone calls or fail to notify their clients of a decision they made on their behalf. Attorneys may also fail to communicate important details about the case or fail divulge any issues with a transaction.

A client can sue an attorney if they've suffered financial losses as a result of the negligence of the lawyer. These losses must be documented, which will require documents such as client files emails, client files, and other correspondence between the lawyer and the client, along with bills. In cases of fraud or theft an expert witness might be required to look into the case.

Inability to Follow the Law

Attorneys must follow the law and understand the law's implications for specific circumstances. If they fail to do so, they could be guilty of malpractice. Examples include combining client funds with their own, or using settlement proceeds for personal expenses, or failing to perform basic due diligence.

Other examples of legal malpractice are failure to file a suit within the time limit and missing court filing deadlines and not observing the Rules of Professional Conduct. Attorneys are also obligated to disclose any conflicts of interest. They must inform clients of any financial or personal interest that might affect their judgment when representing them.

Additionally, attorneys are required to follow instructions from their clients. Attorneys must follow instructions from clients unless it is obvious that the act is not beneficial.

To win a malpractice suit the plaintiff must show that the lawyer breached their duty of care. This can be difficult, since it requires proving the defendant's actions or negligence caused damages. It's also not enough to prove the result of the attorney's negligence was bad and for a malpractice case to succeed, it must be shown that there is a high likelihood that the plaintiff could have won the case when the defendant had acted in accordance with the usual procedure.