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How to Sue Your Attorney for malpractice law firms

If you want to sue your attorney for negligence, you must show that the breach of duty resulted in financial, legal or other negative consequences for you. It is not enough to demonstrate that the attorney's negligence was bad it is also necessary to establish an immediate link between the breach and the resulting outcome.

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

The misuse of funds

A misuse of funds by a lawyer is one of the most prevalent forms of legal negligence. Lawyers are in a fiduciary relationship with their clients and are required to behave with the highest degree of trust and fidelity, particularly when handling money or other property that the client has given to them.

If a client is required to pay their retainer the lawyer is obligated by law to put that money in an escrow fund that is only used for that particular case. If the lawyer makes use of the escrow fund to pursue personal goals or mix it with their own funds and funds, they are in breach of their fiduciary duties and could be charged with legal malpractice.

For example, imagine that a client hires their attorney to represent them in a lawsuit against a driver who struck them as they were crossing the street. The client is able to prove that the driver was negligent and malpractice lawsuit could show that the accident caused their injuries. The lawyer however fails to comply with the law and is unable to file the case on time. The lawsuit is dismissed and the person who was injured is liable for financial loss as a result of the lawyer's mistake.

A statute of limitations limits the time you have to claim a lawyer's negligence. It can be a challenge to determine when an injury or loss was due to the negligence of the lawyer. A licensed New York attorney with experience in malpractice law can explain the statute of limitations to you and assist you to determine if your case is a good candidate for a legal malpractice lawsuit.

Do not follow the professional rules of conduct

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

Some examples of malpractice include a lawyer who has a personal and trust account funds, failing to file suit within the time limit and assuming cases where they are not competent, not conducting a conflict check, and not being up-to-date on court proceedings or new developments in the law that may affect the case. Lawyers also have a responsibility to communicate with clients in a reasonable way. This is not limited to the use of faxes and email, but also resolving telephone calls promptly.

Attorneys are also able to commit fraud. It can be done in a variety of ways, malpractice lawsuit including lying to the client or to anyone involved in a case. In this situation it is essential to have the facts in your possession to determine if the attorney was being insincere. It's also a violation of the contract between attorney and client if an attorney decides to take on an issue that is outside of their expertise and fails to inform the client about this or advise them to seek separate counsel.

Failure to Advise

When a client employs a lawyer, it means that their legal matter has exceeded their skills and knowledge. They are unable to solve the problem by themselves. The lawyer is obliged to inform clients about the advantages of the case, the potential risks and costs involved, and their rights. Lawyers who fail to do this may be held accountable.

Many legal malpractice cases stem due to poor communication between attorneys and their clients. An attorney might not return a calls or fail to inform their clients about a specific decision that they have made on their behalf. Attorneys may not also communicate vital details regarding a case, or fail to reveal any issues in transactions.

It is possible to sue an attorney for negligence, but a plaintiff must prove they suffered real financial losses because of the negligence of the lawyer. The losses must be documented. This requires evidence, like client files and emails or other correspondence between an attorney and a client and also bills. In cases of theft or fraud it could be required to engage an expert witness to review the case.

Failure to Follow the Law

Attorneys must follow the law and know what it means in specific circumstances. If they fail to do so and they don't, they could be found guilty of malpractice. Examples include combining client funds with their own, or using settlement proceeds to pay personal expenses, and not performing basic due diligence.

Other instances of legal malpractice include failure to file a suit within the statute of limitation and missing court filing deadlines and not following the Rules of Professional Conduct. Attorneys are also obligated to disclose any conflicts of interest. They must disclose to clients any financial or personal interest that might affect their judgment when representing them.

Finally, attorneys are obligated to comply with the directions of their clients. If a client asks the attorney to take specific actions, the attorney must follow those instructions unless there's an obvious reason that it would not be beneficial or even feasible.

To win a malpractice lawsuit the plaintiff must demonstrate that the lawyer did not fulfill his duty of care. It can be difficult to establish that the defendant's inaction or actions resulted in damage. It is not enough to prove that the attorney's negligence caused a bad result. A malpractice attorneys claim must also show that there was a high likelihood that the plaintiff's lawsuit could have been settled if the defendant had followed standard procedures.