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How to Sue Your Attorney for Malpractice

To pursue an attorney's negligence, you need to show that the breach of duty had negative legal, financial, or other consequences for you. It is not enough to prove the negligence of your attorney was injurious but you must also prove that there is a direct connection between the breach and the unfavorable outcome.

Strategy-related issues do not qualify as legal malpractice, however, if your lawyer fails to file a lawsuit in time and you lose the case, it could be a case of malpractice.

Inappropriate use of funds

A misuse of funds by a lawyer is one of the most frequent types of legal fraud. Attorneys have a fiduciary relationship with their clients and are expected to act with a high degree of trust and fidelity, especially when handling money or other property that the client has given to them.

When a client makes a payment for their retainer and the lawyer is required by law to deposit the money in a separate escrow account that is exclusively intended for the specific case. If the lawyer makes use of the escrow fund for personal reasons or mixes it with their own funds the attorney is in breach of their fiduciary responsibilities and could be accused of legal malpractice.

For example, imagine that a customer hires their attorney to represent them in the case of a driver who struck them as they were walking across the street. The client is able to prove the driver's negligence, and that the collision resulted in the injuries they sustained. However, their lawyer fails to comply with the statute of limitations and is not able to file the case in time. The lawsuit is dismissed and the party who was injured suffers financial losses as a result of the lawyer's error.

The time frame for suing an attorney for malpractice is limited by a statute that limits the time for suing that can be difficult to calculate in a case where a loss or injury occurred as the result of the attorney's negligence. A reputable New York attorney with experience in malpractice law can explain the statute of limitations to you and assist you to determine if your situation is a good candidate for a legal union malpractice law firm lawsuit.

Disobedience to the Rules of Professional Conduct

Legal malpractice is when a lawyer does not adhere to generally accepted professional standards and results in harm to the client. It is based on the same four elements as most torts: an attorney-client relationship as well as a duty, breach, and proximate causation.

A few common examples of misconduct include a lawyer mixing trust and personal account funds, failing to timely make a claim within the time limit and taking on cases where they are not competent, failing to conduct an investigation into conflicts, and not being up-to-date with court proceedings or any new developments in the law that could affect the case. Lawyers must communicate with their clients in a reasonable manner. This isn't just limited to email and fax and includes also answering phone calls promptly.

It is also possible for attorneys to commit fraud. This can be done in various ways, attorneys which includes lying to the client or to anyone involved in a case. In this instance, it is important to have all the facts at hands so that you can determine if the lawyer was untruthful. It is also a breach of the contract between attorney and client if an attorney is assigned an issue that is outside of their expertise and fails to inform the client of this or advise them to seek separate counsel.

Failure to provide advice

When a client hires a lawyer, it means that their legal situation has exceeded their skills and knowledge. They are unable to solve the problem themselves. The lawyer's job is to advise clients on the merits of a case in addition to the costs and risk associated with it, and their rights. If a lawyer fails to do this, they may be liable for malpractice.

Many legal malpractice claims stem from poor communication between attorneys and their clients. For instance attorneys may not return phone calls or attorneys fail to notify their clients of a decision taken on their behalf. Attorneys may also fail to share important information about an instance or fail to divulge any issues with transactions.

A client may sue an attorney if they have suffered financial losses due to the lawyer's negligence. These losses must be documented, which requires evidence such as client files emails, client files, and other correspondence between the lawyer and the client, along with bills. In the case of theft or fraud it could be required to be able to have an expert witness review the case.

Inability to Follow the Law

Attorneys are required to adhere to the law and understand the law's implications in particular circumstances. They could be found guilty of misconduct in the event that they fail to follow. Examples include mixing client funds with their own using settlement proceeds to pay for personal expenses and failing to do basic due diligence.

Another instance of legal misconduct is failure to file a lawsuit within the timeframe of limitations, not meeting deadlines for filing court documents and not observing the Rules of Professional Conduct. Attorneys are also required to disclose any conflicts of conflicts of interest. This means that they must inform clients of any personal or financial interest that could influence their judgment in representing them.

Finally, attorneys are obligated to follow instructions from their clients. Attorneys must follow instructions from clients, unless it is clear that the action will not be beneficial.

In order to win a malpractice lawsuit the plaintiff has to prove that the lawyer violated their duty of care. It isn't easy to establish that the defendant's inaction or actions caused harm. It's not enough to prove the result of the attorney's negligence was bad and for a malpractice case to succeed, it must be proved that there is a high likelihood that the plaintiff could have won their case when the defendant had acted in accordance with the accepted practice.