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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 consequences for you. You must demonstrate a direct connection between the attorney's incompetence and the negative outcome.
The nuances of strategy don't constitute legal malpractice, however, if your lawyer fails to submit a lawsuit on time and you lose the case, this could be a type of malpractice.
Fraud in the use of funds
One of the most common types of legal malpractice law firms is the misuse of funds by lawyers. Lawyers have a fiduciary connection with their clients and are required to act with a high degree of trust and fidelity, particularly when dealing with money or other property that the client has handed over to them.
When a client makes a payment for their retainer to a lawyer, they are required by law to put that money in an escrow account that is exclusively intended for the specific 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 constitute legal negligence.
As an example, suppose that a client employs their attorney to represent them in an action against a driver who struck them as they were crossing the street. The client could prove the driver's negligence, and that the accident caused the injuries they sustained. However, their lawyer is not aware of the statute of limitations and is unable to file the case within the timeframe. Thus, the lawsuit is dismissed and the person who was hurt is liable for financial losses due to the lawyer's error.
The time frame for suing an attorney for malpractice is limited by a statute of limitation that can be difficult to calculate in a situation where a loss or injury occurred as the result of the negligence of the attorney. A qualified New York attorney with experience in the field of malpractice law will be able to explain the time limit to you and help determine if your case is a good candidate for a legal malpractice suit.
Failure to follow the Rules of Professional Conduct
Legal malpractice occurs the case when a lawyer doesn't adhere to generally accepted professional standards and results in harm to the client. It entails the same four elements of most torts, including an attorney-client relationship as well as a duty, breach, and proximate causation.
A few examples of malpractice include the lawyer combining their personal and trust funds, failing to file a suit within the time limits, taking cases in which they are not competent, failing to carry out an investigation into conflicts and not being up-to date on court proceedings or any new legal developments that could impact the case. Lawyers are also required to communicate with clients in a reasonable manner. This does not only include email and faxing, but also includes responding to phone calls promptly.
It is also possible for attorneys to engage in fraud. This can happen in various ways, which includes lying to the client or anyone involved in a case. In this instance it is crucial to have the facts on hand so that you can determine if the attorney was untruthful. A violation of the agreement between an attorney and a client occurs when an attorney handles an issue that is not within their expertise without informing the client about it or advising them to seek independent counsel.
Failure to Advise
When a client hires an attorney, it indicates that their legal issue has become beyond their knowledge and experience. They are unable to resolve it themselves. It is the attorney's responsibility to provide advice to clients regarding the advantages of a case in addition to the costs and risk involved and their rights. If a lawyer fails to do this could be held accountable.
Many legal malpractice claims arise because of poor communication between attorneys and their clients. An attorney might not return a phone calls or fail to inform their clients about a specific decision taken on their behalf. An attorney may also not communicate important details regarding a case, or not disclose any known problems with an transaction.
A client can sue an attorney if they've suffered financial losses due to the negligence of the lawyer. The losses have to be documented, which requires evidence like client files, emails and other correspondence between the attorney and the client, and bills. In cases of theft or fraud, it may also be required to get an expert witness to look into the case.
Failure to Follow the Law
Attorneys must be in compliance with the law and be aware of how it applies to specific situations. They could be found guilty of misconduct when they fail to do so. Examples include mixing client funds with their own using settlement proceeds to pay for personal expenses, and failing to exercise basic due diligence.
Another instance of legal malpractice; our homepage, includes the failure to file a lawsuit within the statute of limitations, ignoring deadlines for filing with the court, and not following the Rules of Professional Conduct. Attorneys are also obligated to disclose any conflict of interest. They must disclose to clients any personal or financial interest which could affect their judgment when representing them.
Finally, attorneys are obligated to abide by the instructions of their clients. If a client asks them to take a particular action the attorney must comply with those instructions unless there is an obvious reason to believe that it is not beneficial or feasible.
In order to win a malpractice suit, the plaintiff must prove that the lawyer violated their duty of care. This isn't easy, because it requires proving that the defendant's actions or negligence caused damages. It isn't enough to prove that the attorney's error resulted in a bad outcome. A malpractice attorneys claim must prove that there was a high likelihood that the plaintiff's lawsuit would have been won if the defendant had followed normal procedures.