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How to Sue Your Attorney for Malpractice

To sue your attorney on charges of malpractice, you must demonstrate that the breach of duty resulted in financial, attorneys legal or other negative outcomes for you. You must show an immediate connection between the attorney's negligence and the negative result.

Legal malpractice doesn't include matters of strategy. If you lose a case due to your lawyer didn't submit the lawsuit on time this could be considered the result of malpractice.

Fraud in the use of funds

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

When a client pays their retainer and the lawyer is required by law to deposit the money into an escrow fund that is only specifically used for the particular case. If the attorney combines the account with their personal funds or makes use of it for other purposes that is a clear breach of the fiduciary obligation and could result in legal fraud.

Imagine, for example that a client hires an attorney to represent him in a suit filed against a motorist whose car was struck by them as they crossed the street. The client has evidence that the driver was negligent and is able to show that the accident caused their injuries. Their lawyer, however, does not follow the law and is not able to file the case in time. Consequently, Attorneys the lawsuit is dismissed and the injured party is financially harmed as a result of the lawyer's mistake.

The time frame for suing an attorney for malpractice is limited by a statute of limitations which can be a challenge to calculate in a situation where an injury or loss occurred as the result of the negligence of the attorney. A New York attorney who is knowledgeable about malpractice law will be able to explain the statute of limitations and assist you in determining if you have a case which is suitable for a lawsuit.

Do not follow the professional rules of conduct

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

Some examples of malpractice are lawyers who mix personal and trust funds, failing to file suit within timeframes, pursuing cases in which they're not competent, not conducting an investigation into conflicts and not being up-to current on court proceedings or any recent legal developments that could affect the case. Lawyers are accountable to communicate with their clients in a reasonable way. This does not only include the use of faxes and email, but also resolving telephone calls promptly.

It is also possible for attorneys to engage in fraud. This can be done in a variety of ways, including lying to the client or to anyone else involved in the case. In this instance it is imperative to have the facts in hands so that you can determine if the lawyer was untruthful. It also constitutes a breach of the attorney-client contract when an attorney accepts a case that is outside of their area of expertise and does not inform the client of this or recommend seeking separate counsel.

Inability to inform

If a client decides to hire a lawyer, it means that their legal issue has become beyond their skill and knowledge. They are unable to solve the problem on their own. The lawyer is required to inform clients about the advantages of the case, the potential risks and costs involved, as well as their rights. If an attorney does not comply with this requirement, they could be guilty of malpractice.

Many legal malpractice claims result from a lack of communication between lawyers and their clients. Attorneys may not respond to phone call or fail to inform their clients of a specific decision that they have made on their behalf. An attorney might also neglect 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 lawyer's negligence. These losses should be documented. This requires evidence, such as email and client files, or other correspondence between an attorney and a client as well as invoices. In the case of fraud or theft an expert witness could be required to look into the case.

Failure to Follow the Law

Attorneys must follow the law and know what it means for specific situations. If they fail to do so then they could be accused of malpractice. Examples include mixing funds from clients with theirs and using settlement proceeds to pay for personal expenses, and failing to do basic due diligence.

Another example of legal malpractice is failure to file a lawsuit within the timeframe of limitations, not meeting deadlines for filing court documents or not adhering to the Rules of Professional Conduct. Attorneys are also required to disclose any material conflicts of interests. They must disclose to clients any financial or personal interests that could affect their judgment when representing them.

Attorneys must also follow the instructions of their clients. If a client asks the attorney to take specific actions, the attorney must follow those instructions unless there is an obvious reason to believe that it would not be beneficial or even feasible.

To win a malpractice lawyers lawsuit, the plaintiff has to demonstrate that the lawyer did not fulfill his duty of care. This isn't easy, as it requires showing that the defendant's actions or inaction caused damages. It isn't enough to prove that the attorney's error caused a negative outcome. A malpractice claim must prove that there was a high likelihood that the plaintiff's case would have been successful if the defendant had followed the standard procedure.