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How to Sue Your Attorney for Malpractice

If you wish to sue your attorney over negligence, you must show that the breach of duty led to financial, legal or other negative consequences for you. You must establish that there is a direct link between the attorney's negligence and the negative outcome.

The nuances of strategy don't count as legal malpractice however, if your lawyer fails to file a lawsuit on time and you lose the case, this could be a type of malpractice.

The misuse of funds

One of the most popular types of legal malpractice is the misuse by a lawyer of funds. Attorneys have a fiduciary relationship with their clients and are expected to act with a high level of trust and fidelity, particularly when handling funds or other property that the client has left to them.

When a client pays their retainer to a lawyer, they are required by law to put that money into an funds that are only specifically used for the particular case. If the lawyer utilizes the escrow funds to pursue personal goals or mix it with their own funds and funds, they are in breach of their fiduciary responsibilities and could be accused of legal malpractice.

For example, imagine that a client employs their attorney to represent them in a lawsuit against a driver who hit them while they were crossing the street. The client has the ability to prove driver's negligence, and that the collision resulted in the injuries they sustained. Their lawyer, however, fails to comply with the law and is not able to file the case on time. Consequently, the lawsuit is dismissed and the injured party is financially harmed as a result of the lawyer's error.

The time frame for suing an attorney for negligence is governed by a statute of limitations which can be a challenge to calculate in a case where an injury or loss resulted from the negligence of the attorney. A reputable New York attorney with experience in the field of malpractice law can explain the time limit to you and help determine if your situation is suitable for a legal malpractice lawsuit.

Failure to follow the Rules of Professional Conduct

Legal malpractice is when an attorney fails to follow generally accepted professional standards and inflicts harm on the client. It has the same four elements as most torts: an attorney-client relationship an obligation, a breach, and proximate causation.

A few examples of malpractice include lawyers who mix personal and trust funds, not submitting claims in time to file suit within the statute of limitations, pursuing cases in which they aren't competent, not conducting an examination of conflicts and not being up to the latest court proceedings or any recent developments in law that could impact the case. Lawyers also have a responsibility to communicate with clients in a timely manner. This is not limited to email or fax as well as answering phone calls in a timely manner.

It is also possible for attorneys to engage in fraud. This could be accomplished by lying to the client, or any other person involved in the case. In this situation it is imperative to have the facts on hand so that you can determine if the lawyer was being dishonest. A breach of the attorney-client agreement occurs when an attorney takes cases outside their expertise without informing the client about it or soliciting independent counsel.

Inability to inform

When a client engages a lawyer, it means that their legal situation has exceeded their skills and knowledge. They cannot resolve the issue themselves. The lawyer is required to inform clients of the importance of the case, the potential risks and costs involved, as well as their rights. If an attorney fails to do this, they may be guilty of malpractice.

Many legal Malpractice Lawyers claims are the result of poor communication between attorneys and their clients. For example, an attorney might not respond to phone calls or fail to inform their clients of a decision they made on their behalf. An attorney might also fail to communicate important details regarding a case, or not disclose any known issues with a transaction.

A client may sue an attorney if they've suffered financial losses as a result of the negligence of the lawyer. These losses must be documented. This requires evidence, like client files and emails, or other correspondence between an attorney and a client as well as bills. In cases involving fraud or theft It may be necessary to be able to have an expert witness review the case.

Failure to Follow the Law

Attorneys are required to follow the law and understand the laws that apply to specific situations. They could be found guilty of misconduct if they don't. Examples include combining funds from clients with their own or using settlement proceeds to pay personal expenses, and failing to exercise basic due diligence.

Another example of legal malpractice is failure to file a lawsuit within the timeframe of limitations, missing deadlines for filing court documents, and not following the Rules of Professional Conduct. Attorneys must declare any conflicts of interest. They must inform clients of any financial or personal interest which could affect their judgment when representing them.

Attorneys must also follow the instructions of their clients. If a client instructs them to take particular action the attorney must comply with the instructions unless there is any reason that suggests it is not beneficial or feasible.

In order to prevail in a malpractice suit, the plaintiff must prove that the lawyer breached their duty of care. This can be difficult since it requires proving the defendant's actions, or inaction, caused damages. It's not enough to prove the result of the attorney's negligence was bad to be able to prove a malpractice claim. to be successful, it has to be proven that there is an extremely high chance that the plaintiff would have won their case when the defendant had acted in accordance with the usual procedure.