How to Sue Your Attorney for Malpractice

To sue your attorney for malpractice, you must prove that their negligence caused financial, legal or other negative consequences for you. It's not enough to prove that the attorney's negligence was negligent it is also necessary to establish an unambiguous link between the breach and the undesirable outcome.

Strategy-related issues do not be considered legal malpractice, however, if your lawyer fails to file a lawsuit on time and you lose the case that could be a form of malpractice.

Misuse of Funds

One of the most common kinds of legal malpractices is the misuse of funds by lawyers. Lawyers are required to fulfill a fiduciary duty to their clients, and must behave with trust and fidelity when handling funds or other property that the client has given them.

When a client pays their retainer the lawyer is obligated by law to deposit the money in an fund for escrow that is exclusively used for that particular case. If the attorney utilizes the escrow funds to pursue personal goals or mix it with their own funds the attorney is in breach of their fiduciary obligations and could be charged with legal negligence.

Imagine, for instance, that a customer hires their attorney to represent them in the case of a driver who slammed into them as they were walking across the street. The client has evidence that the driver was negligent and can demonstrate that the collision caused their injuries. However, their lawyer misses the deadline and is unable to file the case within the timeframe. The lawsuit is dismissed and the victim suffers financial losses as a result of the lawyer's error.

A statute of limitations limits the time you have to pursue a lawyer's malpractice. It is often difficult to determine if an injury or loss is caused by the attorney's negligence. A competent New York attorney with experience in lebanon malpractice law firm law can explain the statute of limitations to you and assist you determine if your situation is a good candidate for a legal malpractice suit.

Failure to follow the rules of professional conduct

Legal Prosper Malpractice Attorney is the case when a lawyer doesn't adhere to the generally accepted standards of professional practice and causes harm to the client. It is required to meet the four components of the most common torts: an attorney-client relation and a duty, breach and the proximate cause.

Some examples of malpractice are the lawyer mixing personal and trust funds, failing timely to file suit within the time limits, taking cases in which they're not competent, failing to carry out an effective conflict check, and not being up to date on court proceedings or any new legal developments that could affect the case. Lawyers are required to communicate with their clients in a timely manner. This includes not just the use of faxes and email, but also answering phone calls promptly.

It is also possible for attorneys to commit fraud. This can occur in a variety of ways, such as lying to the client or to anyone else involved in the case. In this situation it is imperative to have the facts on hand so that you can determine if the attorney was untruthful. It also constitutes a breach of the attorney-client contract if an attorney takes on an issue that is outside of their expertise and fails to inform the client about this or suggest they seek out separate counsel.

Inability to advise

If a client engages an attorney, this means they've reached the stage where their legal problem is beyond their ability and experience and they are unable to solve it by themselves. The lawyer is obliged 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 do this, they could be guilty of malpractice.

Many legal malpractice claims stem from a lack of communication between lawyers and their clients. For example attorneys may not answer phone calls or fail to notify their clients of a decision made on their behalf. An attorney could also fail to communicate important information regarding a case or fail to inform clients of issues with transactions.

A client can sue an attorney if they have suffered financial losses as a result of the negligence of the lawyer. These losses should be documented. This requires evidence, such as client files and emails or any other correspondence between an attorney and a client and also bills. In the event of fraud, or theft an expert witness might be required to examine the case.

Failure to Follow the Law

Attorneys are obligated to follow the law and understand the laws that apply to specific circumstances. They could be found guilty of malpractice when they fail to do so. Examples include mixing client funds with their own, or using settlement proceeds for personal expenses, or not performing basic due diligence.

Other instances of legal malpractice are failure to file a lawsuit within the time limit or missing deadlines for filing with the court and not adhering to the Rules of Professional Conduct. Attorneys are also required to disclose any conflicts of conflicts of interest. They must disclose to clients any financial or personal interest which could affect their judgment when representing them.

Attorneys are also required to follow the instructions of their clients. Attorneys must follow the instructions of clients, unless it is clear that the action would not be beneficial.

In order to prevail in a malpractice case the plaintiff must prove that the lawyer violated his duty of care. It isn't easy to establish that the defendant's inaction or actions resulted in damage. It isn't enough to prove that the attorney's negligence caused a negative outcome. A malpractice claim must also prove that there was a substantial likelihood that the plaintiff's lawsuit could have been settled if the defendant had followed the standard procedure.