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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 resulted in legal, monetary or other negative outcomes for you. You must prove that there was a direct link between your attorney's negligence and the negative result.

Legal malpractice is not a matters of strategy. However, if you lose a case because your lawyer didn't file the lawsuit in time this could be considered an act of malpractice.

The misuse of funds

One of the most popular types of legal malpractice is the misuse by a lawyer of funds. Lawyers are in a fiduciary relationship with their clients and are expected to behave with a high level of trust and fidelity, especially when handling funds or other property that the client has entrusted to them.

If a client pays their retainer and the lawyer is required by law to deposit the money in an funds that are only used for that particular case. If the attorney makes use of the escrow account for personal purposes or co-mingles it with their own funds the attorney is in breach of their fiduciary duty and could be charged with legal misconduct.

For example, imagine that a client hires their attorney to represent them in the case of a driver who struck them as they were walking across the street. The client has proof that the driver was negligent and can prove that the collision caused their injuries. However, their lawyer misses the statute of limitations and is incapable of bringing the case in time. The lawsuit is dismissed and the victim is financially harmed because of the lawyer's mistake.

The time for suing an attorney for malpractice lawyers is limited by a statute-of-limitations which can be a challenge to calculate in a situation where a loss or injury was the result of the attorney's negligence. A New York attorney who is experienced in malpractice law can explain the statute of limitation and help you decide if you have a case that is eligible for a lawsuit.

Failure to follow the rules of professional conduct

Legal malpractice occurs when a lawyer fails adhere to the generally accepted standards of professional practice and causes harm to the client. It entails the same four elements as most torts, which include an attorney-client relationship, a duty, a breach, and proximate causation.

Some examples of malpractice include a lawyer mixing trust and personal account funds, failing in time to make a claim within the time limit or taking on cases where they aren't competent, not conducting a conflict-check, and not keeping up-to-date with court proceedings or new developments in the law that could impact the case. Lawyers also have a responsibility to communicate with clients in a reasonable manner. This doesn't only apply to emails and faxes and includes also responding to phone calls in a timely manner.

Attorneys can also commit fraud. It can be done in various ways, which includes lying to the client or to anyone involved in a case. It is crucial to know the facts to determine whether the attorney was dishonest. A violation 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 of this or suggesting they seek independent counsel.

Inability to inform

If a client decides to hire an attorney, this means they've reached a stage where their legal issue is beyond their capabilities and experience, and they are unable to solve it by themselves. Lawyers are required to inform clients of the merits of the case, the potential risks and costs involved, as well as their rights. When an attorney fails to do this, they could be found guilty of malpractice.

Many legal malpractice claims result from a lack of communication between attorneys and their clients. For example an attorney may not answer phone calls or fail to notify their clients of a decision made on their behalf. An attorney could not also communicate vital details regarding a case, or not disclose any known issues in an transaction.

It is possible to bring a lawsuit against an attorney for negligence, but the client must show that they suffered financial losses as a result of the lawyer's negligence. These losses must be documented, which will require evidence such as client files emails, correspondence between the attorney and the client, as well bills. In cases involving fraud or theft it could also be necessary to have an expert witness examine the case.

Inability to Follow the Law

Attorneys must follow the law, and know what it means in specific situations. If they don't then they could be accused of misconduct. Examples include mixing client funds with theirs and using settlement proceeds to pay for personal expenses and failing to exercise basic due diligence.

Other examples of legal malpractice include failure to file a lawsuit within the statute of limitations or missing deadlines for filing with the court and not adhering to the Rules of Professional Conduct. Attorneys must also declare any conflicts of interest. They must inform clients of any financial or personal interests which could affect their judgment when representing them.

Additionally, attorneys are required to follow instructions from their clients. Attorneys are required to follow the directions of clients unless it is evident that the actions is not beneficial.

In order to prevail in a malpractice suit the plaintiff has to prove that the lawyer violated their duty of care. This can be difficult since it requires proving the defendant's actions or negligence caused damages. It is not enough to demonstrate that the attorney's wrongful actions caused a negative outcome. A malpractice claim must prove that there was a significant likelihood that the plaintiff's lawsuit would have been successful if the defendant had followed standard procedures.