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How to Sue Your Attorney for Malpractice

To sue your attorney on charges of malpractice, you must prove that the breach of duty led to financial, legal or other negative effects for you. It's not enough to prove that the attorney's negligence was negligent; you must also show a direct link between the breach and the negative outcome.

Legal malpractice does not include matters of strategy. However, if you lose a lawsuit because your lawyer was not able to file the lawsuit in time, this could be the result of malpractice.

Inappropriate use of funds

One of the most common types of legal malpractice involves the misuse of funds by lawyers. Lawyers have a fiduciary obligation with their clients and are expected to act with the utmost trust and fidelity, particularly when handling money or other property that the client has left to them.

When a client makes a payment for their retainer and the lawyer is required by law to put that money in a separate escrow account that is exclusively used for that particular case. If the lawyer co-mingles the account with their personal funds or utilizes it for any other purpose, this is a clear violation of fiduciary duty and could result in legal negligence.

Imagine, for example, that a client hired an attorney to represent him in a lawsuit against a driver who hit them as they crossed the street. The client has evidence that the driver was negligent and could prove that the collision caused their injuries. The lawyer, however, fails to comply with the law and is not able to file the case on time. Therefore, the case is dismissed and the party who was injured is financially harmed as a result of the lawyer's mistake.

A statute of limitation limits the amount of time you can bring a lawsuit against a lawyer for malpractice. It can be difficult to determine if the loss or injury was caused by the attorney's negligence. A reputable New York attorney with experience in the field of malpractice attorney law will be able to explain the time limit to you and help determine if your situation is a suitable candidate for a legal malpractice suit.

Failure to follow the Rules of Professional Conduct

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

Some common instances of malpractice include a lawyer who has a personal and trust account funds, failing to make a claim within the statute of limitations or taking on cases where they aren't competent, not conducting a conflict-check, and not staying up to date on court proceedings or new developments in law that could impact the case. Lawyers are also required to communicate with clients in a reasonable way. This does not only include emails and faxes, but also resolving telephone calls promptly.

It is also possible for attorneys to commit fraud. This could be done by lying to the client, or any other person involved in the case. It is essential to learn the facts to determine if the lawyer was deceitful. A breach of the attorney-client agreement occurs when an attorney handles an action outside of their area of expertise without informing the client about it or suggesting they seek independent counsel.

Inability to advise

If a client decides to hire an attorney, it means they have reached the stage where their legal issue is beyond their ability and experience, and they are no longer able to resolve it on their own. The lawyer has a duty to inform clients of the merits of the case, the risks and costs involved, as well as their rights. A lawyer who fails to provide this advice could be liable.

Many legal malpractice claims stem from a lack of communication between attorneys and their clients. An attorney might not return a the phone or fail inform their clients of a specific decision that they have made on their behalf. An attorney could not be able to communicate crucial details regarding a case, or fail to reveal any problems with transactions.

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

Failure to Follow the Law

Attorneys must follow the law and be aware of what it means in specific situations. They could be found guilty of misconduct if they do not. Examples include mixing client funds with theirs using settlement proceeds to pay for personal expenses and not performing basic due diligence.

Another type of legal malpractice includes failure to file an action within the statute of limitations, failing to meet deadlines for filing in court and not observing the Rules of Professional Conduct. Attorneys are also required to disclose any material conflicts of conflicts of interest. They must disclose to clients any personal or financial interest that might affect their judgment when representing them.

Additionally, attorneys are required to comply with the directions of their clients. If a client directs them to take a particular action the attorney must comply with those instructions unless there is an obvious reason why it is not beneficial or feasible.

In order to win a malpractice lawsuit, the plaintiff must prove that the lawyer breached their duty of care. This isn't easy, since it requires proof that the defendant's actions or inaction caused damages. It's also not enough to prove that the result of the attorney's negligence was bad and for a malpractice case to be successful, it has to be proved that there is a high probability that the plaintiff would have won their case in the event that the defendant had followed standard practice.