How to Sue Your Attorney for Malpractice

To sue your attorney for negligence, you must show that the breach of duty led to legal, monetary or other negative outcomes for you. It is not enough to prove that the negligence of your attorney was injurious and you must prove a direct link between the breach and the resulting outcome.

The nuances of strategy don't qualify as legal malpractice, but the lawyer you hire fails to submit a lawsuit on time and you lose the case, that could be a form of malpractice.

The misuse of funds

One of the most popular kinds of legal malpractice is the misuse by a lawyer of funds. Lawyers are legally bound by a fiduciary responsibility to their clients and must act with trust and fidelity when handling money or other property that the client has trusted them with.

If a client pays retainer fees, their lawyer is required to deposit the money into an separate escrow account that is specifically designated for the specific purpose of the case only. If the lawyer utilizes the escrow funds for personal reasons or mixes it with their own funds and funds, they are in breach of their fiduciary obligations and could be charged with legal malpractice.

Imagine, for instance, that a client employs their attorney to represent them in an action against a driver who struck them as they were crossing the street. The client has evidence that the driver was negligent, and can show that the accident caused their injuries. But, their lawyer violates the deadline and is incapable of bringing the case within time. The lawsuit is dismissed and the injured party is liable for financial losses as a result of the lawyer's error.

The time limit to sue an attorney for malpractice is limited by a statute-of-limitations, which can be tricky to determine in a situation where a loss or injury was the result of the negligence of the attorney. A competent New York attorney with experience in malpractice law can explain the time limit to you and help you determine if your situation is a suitable candidate for a legal malpractice suit.

Do not follow the rules of professional conduct

Legal malpractice occurs when an attorney fails to adhere to the generally accepted professional standards and harms the client. It is a requirement of the four elements of most torts: an attorney-client relationship the breach of a duty and the proximate cause.

A few common examples of malpractice are a lawyer mixing their personal and trust account funds, failing to bring suit within the statute of limitations and assuming cases where they are not competent, not conducting a conflict check, and not being up-to-date with court proceedings or new developments in the law that could affect the case. Lawyers must communicate with their clients in a reasonable manner. This doesn't just mean email and faxes, but also the ability to return phone calls promptly.

It is also possible for attorneys to commit fraud. This could be accomplished by lying to the client, or to anyone else involved in the investigation. In this scenario, it is important to have the facts in hands so that you can determine if the attorney was being insincere. It is also a breach of the contract between attorney and client if an attorney accepts an assignment that is not within the scope of their expertise and does not inform the client of this or recommend seeking separate counsel.

Failure to provide advice

If a client decides to hire a lawyer, it signifies that their legal matter has been beyond their expertise and experience. They are unable solve the issue themselves. It is the lawyer's duty to inform clients about the advantages of a case in addition to the costs and risk associated with it, and their rights. An attorney who fails to provide this advice could be liable.

Many legal malpractice claims arise because of poor communication between attorneys, and their clients. For instance attorneys may not answer phone calls or fail to notify their clients of a decision taken on their behalf. Attorneys may not be able to communicate crucial details regarding a particular case, or not disclose any known issues with transactions.

It is possible to sue an attorney for negligence, but the client must prove they suffered real financial losses because due to the negligence of the attorney. The losses should be documented. This requires evidence, such as client files and emails or any other correspondence between an attorney and a client as well bills. In the event of fraud or theft it could be necessary to be able to have an expert witness review the case.

Failure to Follow the Law

Attorneys are obligated to follow the law and comprehend the way it is applied in particular situations. If they fail to do so or don't, they could be accused of malpractice. Examples include commingling client funds with their own or using settlement proceeds for personal expenses, malpractice lawsuit and failing to perform basic due diligence.

Another type of legal carterville malpractice lawsuit is failure to file a lawsuit within the timeframe of limitations, missing deadlines for filing court documents and not adhering to the Rules of Professional Conduct. Attorneys are also required to disclose any material conflicts of interest. This means that they must inform clients of any personal or financial interests that might affect their judgment when representing them.

Attorneys are also required to follow instructions from their clients. If a client directs them to take particular action, the attorney must follow those instructions unless there's any reason that suggests it would not be advantageous or is not feasible.

To win a malpractice lawsuit the plaintiff must show that the lawyer acted in violation of his duty of care. It can be challenging to prove that the defendant's inaction or actions caused harm. It's also not enough to show that the result of the attorney's negligence was negative and for a malpractice case to succeed, it needs to be shown that there is an excellent chance that the plaintiff could have won their case when the defendant had acted in accordance with the standard procedure.