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How to Sue Your Attorney for Malpractice
If you want to sue your attorney for malpractice, you must demonstrate that their negligence caused financial, legal or other negative effects for you. It's not enough to show that the attorney's negligence was negligent it is also necessary to establish a direct link between the breach and the unfavorable outcome.
Legal malpractice doesn't include matters of strategy. However, if you lose a case due to your lawyer was not able to submit the lawsuit on time this could be considered an act of malpractice.
Inappropriate use of funds
One of the most prevalent kinds of legal malpractices is the misuse of funds by lawyers. Lawyers are legally bound by a fiduciary responsibility to their clients, and must act with integrity and fidelity when handling money or other property that the client has given them.
If a client pays retainer fees, their attorney is required to place the money into an separate escrow account designated for that case's purpose only. If the attorney combines the escrow account with their own personal funds or utilizes it for other purposes it is a clear breach of the fiduciary obligation and could constitute legal misconduct.
Imagine, for instance that a customer hires an attorney to represent him in a lawsuit filed against a driver whose car struck them while crossing the street. The client is able to prove the driver's negligence and the accident led to the injuries they sustained. The lawyer, however, violates the law and is not able to file the case in time. The lawsuit is dismissed, and the injured party is liable for financial loss as a result of the lawyer's error.
The time frame for suing an attorney for malpractice is limited by a statute of limitations which can be difficult to determine in cases where a loss or injury occurred as the result of the attorney's negligence. A New York attorney who is experienced in malpractice Lawyers law can explain the statute of limitation and help you determine if you have a case which is suitable for a lawsuit.
Do not follow the professional rules of conduct
Legal malpractice occurs the case when a lawyer doesn't adhere to the generally accepted standards of professional practice and causes harm to the client. It entails the same four elements as most torts: an attorney-client relationship as well as a duty, breach, and proximate cause.
A few common examples of malpractice include a lawyer mixing their personal and trust account funds, failing in time to file a lawsuit within the timeframe of the statute of limitations and assuming cases in which they aren't competent, not conducting a conflict-check, and not keeping up to date on court proceedings or new developments in law that may affect the case. Lawyers also have a responsibility to communicate with clients in a reasonable manner. This includes not just emails and faxes, but also the ability to return phone calls promptly.
It is also possible for lawyers to commit fraud. This can happen in various ways, including lying to the client or to anyone else involved in the case. It is essential to understand the facts to determine if the attorney is untruthful. It is also a breach of the attorney-client agreement if an attorney accepts an assignment that is not within the scope of their area of expertise and does not inform the client about this or advise them to seek separate counsel.
Failure to provide advice
When a client hires an attorney, this means they have reached the stage where their legal problem is beyond their own skill and experience, and they are no longer able to resolve it on their own. The lawyer's job is to inform clients about the merits of a particular case along with the costs and risks involved and their rights. If a lawyer fails to perform this, they could be guilty of malpractice.
Many legal malpractice claims stem from of poor communication between lawyers and their clients. An attorney might not return a phone calls or fail to inform their clients of a particular decision made in their behalf. A lawyer may also fail to provide important information regarding the case or fail to divulge any issues with the transaction.
A client may sue an attorney if they have suffered financial losses due to the negligence of the lawyer. The losses have to be documented, which requires evidence such as files of the client, emails and other correspondence between the lawyer and the client, along with bills. In the event of fraud, or theft, an expert witness may be required to examine the case.
Inability to Follow the Law
Attorneys must be in compliance with the law and be aware of the law's implications for specific situations. If they don't or don't, they could be accused of misconduct. Examples include combining client funds with their own or using settlement proceeds to pay personal expenses, and failing to perform basic due diligence.
Another instance of legal misconduct includes the failure to file a lawsuit within the timeframe of limitations, failing to meet court filing deadlines and not adhering to the Rules of Professional Conduct. Attorneys must declare any conflicts of interest. This means that they must inform clients of any personal or financial interests that could affect their judgment in representing them.
In addition, attorneys are required to comply with the directions of their clients. If a customer instructs the attorney to take specific actions the attorney must comply with those instructions unless there is any reason that suggests it is not beneficial or even feasible.
In order to prevail in a malpractice case, the plaintiff has to prove that the lawyer violated his duty of care. This can be difficult, as it requires showing that the defendant's actions or inaction resulted in damages. It is not enough to show that the attorney's negligence resulted in a bad outcome. A malpractice claim must also demonstrate that there was a substantial likelihood that the plaintiff's case could have been settled if the defendant had followed standard procedures.
