How to Sue Your Attorney for Malpractice

To sue an attorney for malpractice, you have to prove that the breach of duty caused financial, legal, or other consequences for you. You must show a direct connection between the attorney's negligence and the negative outcome.

Legal malpractice lawyer does not cover issues of strategy. However, if you lose a case because your lawyer was not able to submit the lawsuit on time, this could be malpractice.

Fraud in the use of funds

A misuse of funds by lawyers is among the most widespread kinds of legal malpractice. Lawyers have a fiduciary connection with their clients and are expected to act with the highest degree of trust and fidelity, especially when dealing with funds or other property that the client has entrusted to them.

When a client pays retainer to their lawyer, the lawyer is required to deposit the money into an separate escrow account specifically designated for the specific purpose of the case only. If the lawyer co-mingles the escrow account with personal funds or uses it for other purposes it is a clear breach of fiduciary responsibility and could constitute legal negligence.

Imagine, for example 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 is able to prove the driver's negligence as well as that the collision caused their injuries. Their lawyer violates the law and is unable to file the case on time. The lawsuit is dismissed, and the victim suffers financial losses as a result of the lawyer's error.

A statute of limitation limits the time that you can bring a lawsuit against a lawyer for malpractice. It can be difficult to determine if an injury or loss is caused by the attorney's negligence. A competent New York attorney with experience in the field of malpractice law will be able to explain the statute of limitations to you and assist you to determine if your case is a good candidate for a legal malpractice suit.

Disobedience to the Rules of Professional Conduct

Legal malpractice occurs when a lawyer does not adhere to the generally accepted standards of professional practice and causes harm to the client. It is based on the same four elements of most torts, including an attorney-client relationship an obligation, a breach, and proximate causation.

Some examples of malpractice are a lawyer mixing their personal and trust funds, failing to timely to file suit within timeframes, pursuing cases in which they are not competent, failing to carry out an effective conflict check, and not keeping up to the current court proceedings, or any new developments in law that could impact the case. Lawyers must communicate with their clients in a reasonable way. This doesn't just mean emails and faxes, but also returning telephone calls promptly.

Attorneys are also able to commit fraud. This could be done by lying to the client, or any other person involved in the case. In this instance it is essential to have all the facts at your possession to determine if the attorney was insincere. It's also a violation of the attorney-client contract when an attorney decides to take on an assignment that is not within the scope of their area of expertise and fails to inform the client of this or recommend seeking separate counsel.

Failure to Advise

When a client employs an attorney, this means they've reached the stage where their legal issue is beyond their expertise or experience and they can no longer resolve it by themselves. It is the job of the lawyer to inform clients about the merits of a particular case as well as the risks and costs involved, as well as their rights. If a lawyer fails to do this, they may be guilty of malpractice.

Many legal malpractice claims arise because of poor communication between lawyers and their clients. A lawyer may not answer a calls or fail to inform their clients of a specific decision made in their behalf. An attorney might also fail to communicate important information regarding a case or fail to inform clients of issues in an transaction.

It is possible to bring a lawsuit against an attorney for negligence, however, a client must prove that they suffered financial losses as a result of the negligence of the lawyer. The losses must be documented. This requires evidence, like client files and emails, or any other correspondence between an attorney and a client and also bills. In the case of fraud or theft it could be necessary to be able to have an expert witness review the case.

Failure to Follow the Law

Attorneys must be in compliance with the law and be aware of what it means for firm specific situations. They could be found guilty of misconduct when they fail to do so. Examples include combining client funds with their own, firm or using settlement proceeds to pay personal expenses, or failing to exercise basic due diligence.

Another example of legal malpractice is failure to file an action within the statute of limitations, not meeting deadlines for filing in court and not adhering to the Rules of Professional Conduct. Attorneys must also declare any conflicts of interest. They must inform clients of any financial or personal interests that could influence their judgement when representing them.

Attorneys must also adhere to the instructions of their clients. Attorneys must follow instructions from clients unless it is evident that the act will not be beneficial.

In order to win a malpractice suit, the plaintiff has to prove that the lawyer has violated his duty of care. This isn't easy, since it requires proving the defendant's actions or inaction resulted in damages. It is not enough to prove that the attorney's error caused a negative outcome. A malpractice claim must also prove that there was a significant probability that the plaintiff's case would have been won if the defendant followed standard practices.