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How to Sue Your Attorney for Malpractice

To sue your attorney on charges of malpractice, you must prove that the breach of duty led to legal, monetary or other negative outcomes for you. It is not enough to demonstrate that the negligence of your attorney was injurious it is also necessary to establish that there is a direct connection between the breach and the resulting outcome.

Matters of strategy do not constitute legal malpractice, however, the lawyer you hire fails to file a lawsuit within the timeframe and you lose the case that could be a form of malpractice.

The misuse of funds

One of the most prevalent kinds of legal malpractice is the misuse by a lawyer of funds. Attorneys have a fiduciary relationship with their clients and are expected to behave with the utmost trust and fidelity, especially when handling money or other property that the client has given to them.

When a client is required to pay a retainer to their attorney, the lawyer is required to put that money into a separate escrow account that is specifically designated for the specific purpose of the case only. If the lawyer uses the escrow fund to pursue personal goals or mix it with their own funds the attorney is in breach of their fiduciary duty and could be charged with legal misconduct.

Imagine, for instance the scenario where a client hires an attorney to represent the client in a lawsuit filed against a driver who was struck by them as they crossed the street. The client is able to prove the driver's negligence as well as that the accident led to the injuries they sustained. Their lawyer, however, fails to comply with the law and is unable file the case in time. The lawsuit is dismissed and the person who was hurt is financially harmed because of the lawyer's error.

The statute of limitations limit the time that you can pursue a lawyer's malpractice attorney. This 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 limitations and help you decide if you have a case which is suitable for a lawsuit.

Failure to follow the Rules of Professional Conduct

Legal malpractice is when a lawyer fails follow generally accepted professional standards and causes harm to the client. It has the same four elements as the majority of torts, including an attorney-client relationship and a duty, a breach, and proximate causation.

Some common instances of malpractice include who has a personal and trust account funds, failing to file a lawsuit within the statute of limitations and assuming cases in which they are not competent, not performing a conflict-check, and not keeping up-to-date with court proceedings or other developments in the law that could impact the case. Lawyers have a responsibility to communicate with their clients in a fair and reasonable manner. This does not only include email and faxes, but also the ability to return phone calls promptly.

Attorneys are also able to commit fraud. It can be done by lying to the client or anyone else involved in the investigation. It is essential to understand the facts to determine if the attorney was untruthful. A violation of the attorney-client agreement occurs when an attorney takes an action outside of their expertise without informing the client or informing them to seek out independent counsel.

Failure to provide advice

If a client decides to hire an attorney, this means they've reached the point at which their legal situation is beyond their own skill and experience and that they are unable to resolve it on their own. The lawyer is required to inform clients of the importance of the case, the risks and costs involved, and their rights. If an attorney does not do this, they may be found guilty of malpractice.

Many legal malpractice claims are the result of poor communication between lawyers and their clients. A lawyer may not answer a phone call or fail to inform their clients about a specific decision taken on their behalf. A lawyer may also fail to provide important information regarding an instance or fail to divulge any issues with a transaction.

A client can sue an attorney if they have suffered financial losses due to the negligence of the lawyer. These losses must be documented, which will require evidence like client files, emails and other correspondence between the attorney and the client, malpractice along with bills. In cases of 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 for specific circumstances. They could be found guilty of malpractice when they fail to do so. Examples include mixing funds from clients with theirs, using settlement proceeds to pay for personal expenses and not doing basic due diligence.

Another example of legal malpractice is failure to file an action within the statute of limitations, missing deadlines for filing court documents and not adhering to the Rules of Professional Conduct. Attorneys must declare any conflicts of interest. They must inform clients of any personal or financial interest that might affect their judgment when representing them.

Additionally, attorneys are required to follow the instructions of their clients. Attorneys must abide by the instructions of clients, unless it is clear that the decision would not be beneficial.

In order to prevail in a malpractice case the plaintiff must prove that the lawyer violated his duty of care. It can be difficult to prove that the defendant's inaction or actions caused harm. It's also not enough to show that the result of the negligence of the attorney was bad and for a malpractice case to be successful, it has to be proved that there is a high probability that the plaintiff would have prevailed when the defendant had acted in accordance with the accepted practice.