How to Sue Your Attorney for Malpractice

To sue your attorney for malpractice, you must prove that the breach of duty led to financial, legal or Vimeo.com other negative effects for you. You must demonstrate an immediate connection between the attorney's incompetence and the negative outcome.

Matters of strategy do not qualify as legal malpractice, however, if your lawyer does not file a lawsuit on time and you lose the case that could be a form of malpractice.

Misuse of funds

One of the most prevalent kinds of legal malpractices is the misuse of funds by a lawyer. Attorneys have a fiduciary relationship with their clients and are expected to act with the highest degree of trust and fidelity, especially when handling funds or other property that the client has given to them.

When a client pays retainer fees, their attorney is required to place the money into a separate escrow account specifically for the purpose of that case only. If the attorney co-mingles the account with personal funds or uses it for any other purpose that is a clear breach of the fiduciary obligation and could constitute legal fraud.

Imagine, for example that a client hires an attorney to represent the client in a lawsuit filed against a driver whose vehicle was struck by them as they crossed the street. The client could prove the driver's negligence and that the collision resulted in their injuries. But, their lawyer violates the statute of limitations and is in a position to file the lawsuit within time. Therefore, the case is dismissed and the party who was injured suffers financial loss because of the lawyer's mistake.

The time frame for suing an attorney for malpractice is limited by a statute-of-limitations, which can be tricky to calculate in a situation where a loss or injury occurred as the result of the attorney's negligence. A reputable 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 situation is a suitable candidate for a legal malpractice lawsuit.

Failure to follow the Rules of Professional Conduct

Legal malpractice occurs when a lawyer fails adhere to generally accepted professional standards and results in harm to the client. It is based on the same four elements as most torts, which are an attorney-client relationship and a duty, a breach, and proximate causation.

A few examples of malpractice include the lawyer mixing personal and trust funds, failing to timely to file suit within the timeframes, pursuing cases in which they're not competent, not conducting an examination of conflicts and not keeping up to the current court proceedings or any recent legal developments that could affect the case. Lawyers are accountable to communicate with their clients in a timely manner. This is not limited to email and faxing, but also includes responding to phone calls promptly.

Attorneys are also able to commit fraud. This could be accomplished by lying to the client, or any other person who is involved in the investigation. In this case it is imperative to have all the facts at your possession to determine if the lawyer was dishonest. It is also a breach of the attorney-client contract if an attorney is assigned cases that are outside of their area of expertise and does not inform the client about this or suggest they seek out separate counsel.

Inability to inform

When a client hires an attorney, it indicates that their legal issue has become beyond their skill and knowledge. They are unable to resolve it on their own. It is the attorney's responsibility to provide advice to clients regarding the merits of a case, the costs and risks involved, as well as their rights. If an attorney fails to do this, they may be guilty of malpractice.

Many legal malpractice claims result from a lack of communication between attorneys and their clients. For instance attorneys may not return calls or fail to notify their clients of a decision made on their behalf. Attorneys may not also communicate vital details regarding a particular case, or fail to disclose known issues with the transaction.

It is possible to claim a lawyer's negligence, but a plaintiff must prove that they suffered financial losses as a result of the negligence of their lawyer. These losses should be documented. This requires evidence, such as client files and emails, or other correspondence between an attorney and a client, and also bills. In cases of theft or fraud It may be necessary to get an expert witness to look into the case.

Failure to Follow the Law

Attorneys are bound by the law and comprehend how it applies in specific situations. They could be found guilty of malpractice if they do not. Examples include mixing client funds with their own or using settlement proceeds to pay personal expenses, and not performing basic due diligence.

Another instance of legal misconduct includes the failure to file a lawsuit within the timeframe of limitations, not meeting deadlines for filing court documents and not observing the Rules of Professional Conduct. Attorneys must disclose any conflicts of interest. They must disclose to clients any financial or personal interests that could influence their judgement when representing them.

Attorneys are also required to follow the instructions of their clients. Attorneys are required to follow the directions of clients unless it is clear that the actions will not be beneficial.

In order to prevail in a bartonville malpractice lawsuit case the plaintiff must demonstrate that the lawyer did not fulfill his duty of care. This can be difficult as it requires showing that the defendant's actions or inaction resulted in damages. It is not enough to show that the attorney's negligence caused a negative outcome. A malpractice claim must also demonstrate that there was a high probability that the plaintiff's case would have been won if the defendant followed standard practices.