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How to Sue Your Attorney for malpractice law firms

If you wish to sue your attorney over malpractice, you must prove that the breach of duty resulted in legal, monetary or other negative consequences for you. You must prove that there was a direct link between your attorney's negligence and the negative result.

Legal malpractice doesn't include issues of strategy. However, if you lose a lawsuit because your lawyer didn't file the lawsuit on time, this could be negligence.

Misuse of Funds

A misuse of funds by lawyers is among the most frequent types of legal negligence. Attorneys are legally bound by a fiduciary responsibility to their clients and must behave with trust and fidelity when handling money or other property the client has entrusted them with.

When a client pays their retainer the lawyer is obligated by law to place that money in an funds that are only used for that particular case. If the lawyer utilizes the escrow funds for personal use or co-mingles it with their own funds the attorney is in breach of their fiduciary responsibilities and could be charged with legal negligence.

Imagine, for example that a customer 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 that the driver was negligent, and can demonstrate that the collision caused their injuries. The lawyer, however, misses the statute and is not able to file the case on time. Consequently, the lawsuit is dismissed and the person who was hurt suffers financial loss due to the lawyer's error.

A statute of limitation limits the time that you can bring a lawsuit against a lawyer for malpractice. This can be difficult to calculate when an injury or loss was caused by the negligence of an attorney. A New York attorney who is proficient in malpractice law can explain the statute of limitation and help you determine if you have a case which is suitable for an action.

Failure to Follow the Rules of Professional Conduct

Legal malpractice is when an attorney does not adhere to the generally accepted professional standards, and inflicts harm on the client. It is the result of four elements of the most common torts: an attorney-client relation, a duty, breach and proximate cause.

Some examples of malpractice are a lawyer mixing their personal and trust funds, not submitting claims in time to file a suit within the statutes of limitations, taking cases in which they're not competent, failing to carry out a conflict check and not being up-to the current court proceedings or any other legal developments that could affect the case. Lawyers have a responsibility to communicate with their clients in a reasonable way. This does not only include email and faxing and includes also returning telephone calls promptly.

It is also possible for lawyers to engage in fraud. This can be done by lying to the client, or any other person who is involved in the investigation. In this scenario, it is important to have the facts on the hands of the investigator to determine if the attorney was being deceitful. It's also a violation of the contract between attorney and client if an attorney is assigned cases that are outside of their expertise and does not inform the client of this or advise them to seek separate counsel.

Failure to Advise

When a client engages an attorney, it indicates that their legal issue has become beyond their skill and knowledge. They cannot resolve the issue themselves. The lawyer's job is to inform clients about the advantages of a case along with the costs and risks involved and their rights. Lawyers who fail to do this may be guilty.

Many legal malpractice cases are the result of poor communication between attorneys and their clients. For instance attorneys may not return phone calls or fail to notify their clients of a decision taken on their behalf. Attorneys may also fail to communicate important details regarding a particular case, or fail to reveal any issues in transactions.

It is possible to bring a lawsuit against an attorney for negligence, but the client must prove 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 bills. In cases of fraud or theft it could be required to have an expert witness examine the case.

Failure to Follow the Law

Attorneys are required to follow the law and know the laws that apply to specific circumstances. They could be found guilty of misconduct when they fail to do so. Examples include combining client funds with their own, or using settlement proceeds for personal expenses, and failing to exercise basic due diligence.

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

Attorneys are also required to follow the instructions of their clients. Attorneys are required to follow the directions of clients unless it is obvious that the actions is not beneficial.

To prevail in a malpractice lawsuit the plaintiff must prove that the lawyer violated his duty of care. This can be difficult, since it requires proving the defendant's actions or inaction resulted in damages. It's not enough to show that the result of the attorney's negligence was negative and for a malpractice attorneys case to succeed, it needs to be demonstrated that there's a high probability that the plaintiff could have won their case when the defendant had acted in accordance with the usual procedure.