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How to Sue Your Attorney for Malpractice

To sue your attorney for malpractice, you have to prove that the breach of duty resulted in legal, monetary or other negative outcomes for you. It's not enough to prove that the attorney's negligence was negligent; you must also show that there is a direct connection between the breach and the negative outcome.

The nuances of strategy don't constitute legal malpractice, but when your lawyer fails to file a lawsuit in time and you lose the case, this could be a type of malpractice.

The misuse of funds

One of the most common types of legal malpractice is a lawyer's misuse of funds. Attorneys have a fiduciary relationship with their clients and are expected to behave with a high degree of trust and fidelity, especially when handling funds or other property that the client has given to them.

If a client pays their retainer and the lawyer is required by law to put that money into an fund for escrow that is exclusively intended for the specific case. If the attorney utilizes the escrow funds for personal purposes or co-mingles it with their own funds the attorney is in breach of their fiduciary duty and could be accused of legal misconduct.

For example, imagine that a client employs their attorney to represent them in an action against a driver who slammed into them as they were walking across the street. The client has evidence that the driver was negligent and is able to show that the accident caused their injuries. Their lawyer does not follow the law and is unable file the case in time. Therefore, the case is dismissed and the party who was injured is liable for financial losses due to the lawyer's mistake.

A statute of limitation limits the amount of time you can bring a lawsuit against a lawyer for malpractice. It is often difficult to determine if the loss or injury was due to the negligence of the lawyer. A New York attorney who is knowledgeable about malpractice law can explain the statute of limitations and assist you in determining whether you have a case which is suitable for an action.

Inability to follow the Rules of Professional Conduct

Legal malpractice occurs when a lawyer fails to follow generally accepted professional standards and results in harm to the client. It requires the four elements of the most common torts: an attorney-client relation and a duty, breach and proximate cause.

Some examples of malpractice are the lawyer mixing personal and trust funds, failing timely to file suit within the timeframes, pursuing cases where they are not competent, failing to carry out an examination of conflicts and not being up to current on court proceedings or any recent legal developments that could affect the case. Lawyers are also required to communicate with clients in a reasonable way. This includes not just emails and faxes, but also resolving telephone calls promptly.

It is also possible for attorneys to engage in fraud. This can be done in various ways, including lying to the client or to anyone involved in a case. It is crucial to know the facts to determine if the attorney was insincere. It is also a breach of the attorney-client contract if an attorney takes on an assignment that is not within the scope of their expertise and fails to inform the client about this or suggest they seek out separate counsel.

Inability to inform

When a client hires a lawyer, it means that their legal issues have become beyond their knowledge and experience. They cannot resolve the issue themselves. It is the attorney's responsibility to inform clients of the merits of a case as well as the risks and costs involved and their rights. A lawyer who fails to provide this advice could be guilty.

Many legal malpractice claims stem from poor communication between attorneys and their clients. For example attorneys may not return phone calls or fail to inform their clients of a decision made on their behalf. Attorneys may also fail to share important information about a case or fail to disclose known problems with an transaction.

It is possible to sue an attorney for negligence, but a plaintiff must prove they suffered real financial losses because of the negligence of the lawyer. The losses must be documented, which requires evidence like client files emails, client files, and other correspondence between the attorney and the client, as well as bills. In the event of fraud or theft an expert witness could be needed to investigate the case.

Failure to Follow the Law

Attorneys are obligated to follow the law and comprehend the laws that apply to specific circumstances. They could be found guilty of misconduct when they fail to do so. Examples include mixing funds from clients with theirs or using settlement funds to pay for personal expenses, and not performing basic due diligence.

Other instances of legal malpractice include failure to file a suit within the statute of limitation or missing deadlines for filing with the court and not observing the Rules of Professional Conduct. Attorneys are also obligated to disclose any conflict of interest. They must disclose to clients any personal or financial interest that might affect their judgment when representing them.

Finally, attorneys are obligated to follow the instructions of their clients. Attorneys are required to follow the directions of clients, unless it is clear that the actions would not be beneficial.

To win a malpractice lawsuit, the plaintiff has to demonstrate that the lawyer did not fulfill his duty of care. It can be challenging to prove that the defendant's actions or actions resulted in damage. It's not enough to prove the result of the negligence of the attorney was bad and for a malpractice case to be successful, it has to be shown that there is an extremely high chance that the plaintiff would have won their case if the defendant had followed standard practice.