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How to Sue Your Attorney for Malpractice

To claim a lawyer's malpractice, it is necessary to prove that the breach of duty had negative legal, financial or other consequences for you. It is not enough to prove that the attorney's negligence was bad it is also necessary to establish an immediate link between the breach and the undesirable outcome.

Strategy-related issues do not constitute legal malpractice, but if your lawyer does not submit a lawsuit on time and you lose the case that could be a sign of malpractice.

Misuse of Funds

One of the most popular kinds of legal malpractice is the misuse of funds by lawyers. Attorneys are required to fulfill a fiduciary duty to their clients, and must act with integrity and fidelity when handling funds or any other property that the client has given them.

If a client is required to pay 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 co-mingles the account with their own personal funds, or uses it for other purposes it is a clear violation of fiduciary duty and could constitute legal fraud.

Imagine, for instance the scenario where a client hires an attorney to represent him in a lawsuit against a driver whose vehicle struck them while crossing the street. The client has evidence that the driver was negligent and is able to show that the accident caused their injuries. But, their lawyer violates the statute of limitations and is not able to file the case within time. The lawsuit is dismissed and the victim is liable for financial loss as a result of the lawyer's error.

A statute of limitations limits the amount of time you can pursue a lawyer's malpractice. It can be difficult to determine if an injury or loss was caused by negligence of the lawyer. A reputable New York attorney with experience in the field of malpractice law will be able to explain the statute of limitations to you and help determine if your situation is a good fit for a legal Malpractice Lawyers suit.

Inability to follow the Rules of Professional Conduct

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

Some examples of malpractice are a lawyer commingling their personal and trust account funds, failing in time to make a claim within the statute of limitations or taking on cases in which they are not competent, failing to conduct an investigation into conflicts, and not staying up to date with court proceedings or other developments in law that could impact the case. Lawyers are accountable to communicate with their clients in a fair and reasonable manner. This doesn't just mean email and faxes, but also the ability to return phone calls promptly.

It is also possible for attorneys to commit fraud. This can happen in various ways, including lying to the client or to anyone else involved in the case. In this case it is essential to have the facts on your possession to determine if the attorney was being insincere. It's also a violation of the attorney-client contract when an attorney accepts an assignment that is not within the scope of their area of expertise and does not inform the client about this or advise them to seek separate counsel.

Inability to advise

If a client engages an attorney, it means they've reached a stage where their legal issue is beyond their capabilities and experience and that they are unable to resolve it on their own. The lawyer is required to inform clients about the importance of the case, the potential risks and costs involved, as well as their rights. When an attorney fails to perform this, they could be guilty of malpractice.

Many legal malpractice cases are the result of poor communication between lawyers and their clients. For instance attorneys may not return phone calls or fail to notify their clients of a decision taken on their behalf. An attorney might also not communicate important information regarding a case or not disclose any known issues in an transaction.

A client can sue an attorney if they have suffered financial losses as a result of the lawyer's negligence. These losses must be documented. This requires evidence, like email files and client files, or any other correspondence between an attorney and a client as well bills. In the case of fraud or theft An expert witness could be required to look into the case.

Failure to Follow the Law

Attorneys are obligated to follow the law and comprehend the laws that apply to specific circumstances. They could be found guilty of malpractice if they don't. Examples include mixing client funds with their own or using settlement proceeds for personal expenses, and failing to perform basic due diligence.

Other examples of legal malpractice include failure to file a lawsuit within the time limit or missing deadlines for filing with the court and not following the Rules of Professional Conduct. Attorneys are also required to disclose any conflict of interests. They must inform clients of any financial or personal interest that could influence their judgement when representing them.

Attorneys are also required to abide by the instructions of their clients. Attorneys must follow the instructions of clients, unless it is clear that the act is not beneficial.

To prevail in a malpractice lawsuit the plaintiff must show that the lawyer acted in violation of his duty of care. It can be difficult to prove that the defendant's lapses or actions caused harm. It's not enough to prove that the result of the attorney's negligence was bad to be able to prove a malpractice claim. to succeed, it must be shown that there is a high likelihood that the plaintiff could have won their case if the defendant had followed the standard procedure.