Why Malpractice Lawyers Is More Dangerous Than You Believed

How to Sue Your Attorney for Malpractice

To sue an attorney for negligence, you must to prove that the breach of duty resulted in negative financial, legal or other repercussions for you. You must prove an immediate connection between the attorney's negligence and the negative results.

Legal malpractice does not include issues of strategy. However, if you lose a case because your lawyer failed to submit the lawsuit on time this could be considered the result of malpractice.

Misuse of funds

One of the most prevalent types of legal malpractice lawyers is the misuse by a lawyer of funds. Lawyers have a fiduciary connection with their clients and are expected to act with the utmost trust and fidelity, particularly when handling money or other property that the client has left to them.

When a client makes retainer fees, their lawyer is required to deposit the money in a separate escrow account specifically designated for the specific purpose of the case only. If the lawyer co-mingles the account with personal funds or uses it for any other purpose, this is a clear breach of the fiduciary obligation and could be considered legal misconduct.

Imagine, for example, that a client hired an attorney to represent the client in a lawsuit filed against a motorist whose car was struck by them as they crossed the street. The client has the ability to prove driver's negligence and the accident caused the injuries they sustained. But, their lawyer violates the deadline and is incapable of bringing the case within the timeframe. Therefore, the case is dismissed and the party who was injured is liable for financial losses as a result of the lawyer's mistake.

The time for suing an attorney for negligence is governed by a statute of limitation which can be difficult to calculate in a situation where a loss or injury resulted from the attorney's negligence. A reputable New York attorney with experience in the field of malpractice law can explain the time limit to you and assist you determine if your situation is a good candidate for a legal malpractice lawsuit.

Failure to follow the Rules of Professional Conduct

Legal malpractice is when a lawyer fails to follow generally accepted professional standards and results in harm to the client. It has the same four elements as most torts, malpractice law which are an attorney-client relationship, a duty, a breach, and proximate causality.

A few examples of malpractice include the lawyer mixing personal and trust funds, failing timely to file a suit within the statute of limitations, pursuing cases in which they are not competent, not conducting an examination of conflicts and not staying up to current on court proceedings or any recent developments in law that could affect the case. Lawyers also have a responsibility to communicate with clients in a fair manner. This isn't just limited to emails and faxes as well as returning phone calls promptly.

It is also possible for attorneys to commit fraud. This could be done by lying to the client or any other person involved in the case. It is important to know the facts so that you can determine whether the attorney was dishonest. A breach of the agreement between the attorney and client is when an attorney decides to take an action outside of their area of expertise without informing the client of this or informing them to seek out independent counsel.

Inability to inform

When a client hires a lawyer, it signifies that their legal matter has become beyond their knowledge and experience. They are unable to resolve it by themselves. Lawyers are required to inform clients about the merits of the case, the potential risks and costs involved, and their rights. Lawyers who fail to do so may be liable.

Many legal malpractice cases stem due to poor communication between attorneys and their clients. For instance an attorney may not return calls or fail to inform their clients of a decision made on their behalf. Attorneys may also fail to share important information about an instance or fail to divulge any issues with an transaction.

It is possible to claim a lawyer's negligence, but a plaintiff must show that they suffered financial losses as a result of the negligence of their lawyer. These losses should be documented. This requires evidence, such as client files and emails or any other correspondence between an attorney and a customer, as well as bills. In the event of fraud, malpractice law or theft an expert witness could be required to examine the case.

Failure to Follow the Law

Attorneys are required to follow the law and know the law's implications in particular circumstances. If they fail to do so, they could be guilty of misconduct. Examples include mixing client funds with theirs and using settlement proceeds to pay for personal expenses and not doing basic due diligence.

Another instance of legal misconduct is the failure to file a lawsuit within the statute of limitations, failing to meet deadlines for filing with the court or not adhering to the Rules of Professional Conduct. Attorneys must declare any conflicts of interest. This means they must inform clients of any personal or financial interest that could influence their judgment when representing them.

Attorneys must also adhere to the instructions of their clients. If a customer instructs them to take particular action, the attorney must follow the instructions, unless there's an obvious reason that it is not beneficial or possible.

To win a malpractice law lawsuit, the plaintiff has to prove that the lawyer has violated his duty of care. This can be difficult since it requires proving the defendant's actions or inaction caused damages. It isn't enough to prove that the attorney's error caused a bad result. A malpractice case claim must also prove that there was a substantial likelihood that the plaintiff's case would have been won if the defendant followed standard practices.