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How to Sue Your Attorney for Malpractice

If you want to sue your attorney for malpractice, you must prove that the breach of duty resulted in financial, legal or other negative effects for you. You must prove an immediate connection between the attorney's incompetence and the negative outcome.

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

The misuse of funds

One of the most prevalent kinds of legal malpractice is the misuse by a lawyer of funds. Attorneys are legally bound by a fiduciary responsibility to their clients and must behave with trust and fidelity when handling money or other assets that the client has trusted them with.

When a client makes retainer fees, their lawyer is required to deposit the money into a separate escrow account specifically destined for the purpose of the case only. If the attorney mixes the escrow account with their personal funds, or uses it for any other purpose it is a clear breach of fiduciary responsibility and could result in legal malpractice.

Imagine, for example that a client hires an attorney to represent him in a lawsuit against a driver who was struck by them as they crossed the street. The client has evidence that the driver was negligent and is able to demonstrate that the collision caused their injuries. The lawyer, however, fails to comply with the law and is unable file the case in time. The lawsuit is dismissed and the victim suffers a financial loss because of the lawyer's mistake.

The time to sue an attorney for negligence is governed by a statute of limitation which can be difficult to determine in a situation where a loss or injury was the result of the negligence of the attorney. A licensed New York attorney with experience in the field of malpractice law will be able to explain the time limit to you and assist you determine if your situation is suitable for a legal malpractice suit.

Inability to follow the Rules of Professional Conduct

Legal malpractice occurs when a lawyer does not follow generally accepted professional standards and causes harm to the client. It is required to meet the four components of most torts: an attorney-client relation and a duty, breach and the proximate cause.

Some examples of misconduct include a lawyer mixing trust and personal account funds, failing to timely file suit within the time limit and assuming cases where they aren't competent, not performing an investigation into conflicts, and not keeping up to date with court proceedings or new developments in law that could affect the case. Lawyers must communicate with their clients in a reasonable manner. This doesn't only apply to email and fax and also includes responding to phone calls promptly.

Attorneys can also commit fraud. This could be accomplished by lying to the client, or any other person involved in the investigation. In this scenario, it is important to have the facts on your possession to determine if the attorney was insincere. A violation of the attorney-client agreement is when an attorney decides to take cases outside their area of expertise without informing the client or advising them to seek independent counsel.

Inability to inform

When a client employs an attorney, it is a sign that they've reached the point where their legal situation is beyond their ability and experience, and they are unable to solve it by themselves. It is the job of the lawyer to provide advice to clients regarding the benefits of a case along with the costs and risks involved and their rights. If an attorney fails to do this, they may be guilty of malpractice.

Many legal malpractice claims stem from poor communication between attorneys and their clients. An attorney might not return a the phone or fail inform their clients of a specific decision they made on their behalf. An attorney might also neglect to provide important information regarding a case or fail to disclose known problems with the transaction.

A client may sue an attorney if they've suffered financial losses due to the negligence of the lawyer. The losses must be documented, which requires documents such as client files emails, client files, and other correspondence between the attorney and the client, and bills. In the case of fraud or theft An expert witness could be required to examine the case.

Inability to Follow the Law

Attorneys are required to adhere to the law and understand how it applies in specific situations. If they fail to do so or don't, they could be accused of malpractice lawyers. Examples include combining client funds with their own, or using settlement proceeds to pay personal expenses, or not performing basic due diligence.

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

Attorneys must also adhere to the instructions of their clients. Attorneys must follow the instructions of clients unless it is obvious that the actions will not be beneficial.

To win a malpractice lawsuit the plaintiff must prove that the lawyer violated his duty of care. It can be challenging to prove that the defendant's actions or actions caused damage. It's not enough to show that the result of the attorney's negligence was bad to be able to prove a malpractice lawsuits claim. to be successful, it has to be demonstrated that there's an extremely high chance that the plaintiff could have won the case when the defendant had acted in accordance with the standard procedure.