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How to Sue Your Attorney for Malpractice

To sue your attorney for malpractice attorneys, you must prove that the breach of duty led to financial, legal or other negative consequences for you. You must show a direct connection between the attorney's negligence and the negative outcome.

Legal malpractice does not include issues of strategy. If you lose a lawsuit because your lawyer failed to file the lawsuit in time this could be considered the result of malpractice.

Misuse of funds

One of the most popular kinds of legal malpractice is a lawyer's misuse of funds. Lawyers are bound by a fiduciary obligation to their clients and must behave with confidence and fidelity when handling funds or other property that the client has trusted them with.

When a client is required to pay retainer fees, their lawyer is required to deposit the money into a separate escrow account that is specifically for the purpose of that case only. If the attorney makes use of the escrow fund to pursue personal goals or mix it with their own funds it is in violation of their fiduciary duty and could be charged with legal negligence.

Imagine, for example that a client hires an attorney to represent him in a suit filed against a driver whose car was struck by them as they crossed 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 not able to file the case within time. The lawsuit is dismissed, and the victim is liable for financial loss as a result of the lawyer's mistake.

The time for suing an attorney for negligence is governed by a statute that limits the time for suing, which can be tricky to determine in cases where a loss or injury was the result of the attorney's negligence. A New York attorney who is skilled in malpractice law can explain the statute of limitation and help you decide if you have a case that is eligible for an action.

Failure to follow the Rules of Professional Conduct

Legal malpractice occurs when an attorney fails to follow generally accepted professional standards, and harms the client. It is based on the same four elements as most torts, which include an attorney-client relationship an obligation, a breach, and proximate causation.

A few examples of malpractice include the lawyer combining their personal and trust funds, failing timely to file suit within the timeframes, pursuing cases in which they aren't competent, failing to carry out an effective conflict check, and not being up to the current court proceedings, or any new legal developments that could impact the case. Lawyers are accountable to communicate with their clients in a timely manner. This includes not just email and faxes, but also returning telephone calls promptly.

It is also possible for attorneys to engage in fraud. This could be done by lying to the client, or anyone else involved in the investigation. In this scenario, it is important to have the facts in hand so that you can determine if the attorney was deceitful. It also constitutes a breach of the attorney-client agreement if an attorney accepts cases that are outside of their area of expertise and fails to inform the client about this or suggest that they seek separate counsel.

Inability to inform

If a client decides to hire an attorney, this means they have reached the point where their legal situation is beyond their expertise and experience and that they can no longer resolve it by themselves. It is the lawyer's duty to inform clients of the merits of a case along with the costs and risks involved, as well as their rights. If a lawyer fails to perform this, they could be liable for malpractice.

Many legal malpractice claims stem from of poor communication between lawyers, and their clients. For example an attorney may not answer phone calls or fail to inform their clients of a decision made on their behalf. A lawyer may also fail to provide important information regarding the case or fail to disclose known problems with an transaction.

A client can sue an attorney if they have suffered financial losses as a result of the negligence of the lawyer. These losses must be documented, which will require evidence such as files of the client emails, client files, and other correspondence between the attorney and the client, as well as bills. In the case of fraud or theft, it may also be required to have an expert witness examine the case.

Inability to Follow the Law

Attorneys must be in compliance with the law and know the law's implications for specific circumstances. If they fail to do so or don't, they could be accused of misconduct. Examples include mixing funds from clients with their own and using settlement proceeds to pay for personal expenses and not performing basic due diligence.

Another type of legal Malpractice Lawyer is the failure to file an action within the statute of limitations, failing to meet deadlines for filing court documents or not adhering to the Rules of Professional Conduct. Attorneys are also obligated to disclose any significant conflicts of interest. They must disclose to clients any personal or financial interest that could influence their judgement when representing them.

Finally, attorneys are obligated to follow the instructions of their clients. If a customer instructs the attorney to take specific actions the attorney must comply with those instructions unless there's an obvious reason to believe that it is not beneficial or possible.

In order to win a malpractice suit the plaintiff must show that the lawyer acted in violation of his duty of care. It can be challenging to establish that the defendant's inaction or actions resulted in damage. It isn't enough to prove that the attorney's negligence caused a negative outcome. A malpractice claim must also demonstrate that there was a high likelihood that the plaintiff's lawsuit could have been settled if the defendant had followed standard procedures.