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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 legal, monetary or other negative effects for you. It is not enough to show that the attorney's negligence was bad it is also necessary to establish that there is a direct connection between the breach and the unfavorable outcome.

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

The misuse of funds

Misuse of funds by lawyers is one of the most common types of legal fraud. Attorneys are legally bound by a fiduciary responsibility to their clients, and must act with integrity and fidelity when handling money or other assets that the client has given them.

When a client pays retainer fees, their lawyer is required to put the money into a separate escrow account that is specifically designated for the specific purpose of the case only. If the attorney co-mingles the account with personal funds or utilizes it for other purposes that is a clear breach of fiduciary duty, and could constitute legal misconduct.

Imagine, for example that a customer hires an attorney to represent him in a suit filed against a motorist whose car hit them as they crossed the street. The client is able to prove that the driver was negligent and could show that the accident caused their injuries. However, their lawyer fails to comply with the deadline and is in a position to file the lawsuit within time. Therefore, the case is dismissed and the person who was hurt suffers financial loss as a result of the lawyer's error.

The time to sue an attorney for malpractice is limited by a statute of limitations, which can be tricky to determine in cases where a loss or injury occurred as the result of the negligence of the attorney. A licensed New York attorney with experience in the field of malpractice law can explain the time limit to you and assist you determine if your case is a suitable candidate for a legal malpractice lawsuit.

Do not follow the rules of professional conduct

Legal malpractice is when an attorney does not adhere to generally accepted standards of professional conduct, and causes harm to the client. It is the result of four elements of most torts: an attorney-client relationship the breach of a duty and proximate cause.

Some typical examples of malpractice are a lawyer mixing their personal and trust account funds, failing to file a lawsuit within the statute of limitations, taking on cases in which they are not competent, not performing an investigation into conflicts, and Malpractice not keeping up-to-date with court proceedings or any new developments in the law that may affect the case. Lawyers are accountable to communicate with their clients in a reasonable way. This does not only include emails and faxes, but also returning telephone calls promptly.

Attorneys can also commit fraud. This could be done by lying to the client or any other person who is involved in the case. It is crucial to know the facts so you can determine whether the attorney was dishonest. A breach of the attorney-client agreement is when an attorney decides to take a case outside their expertise without advising the client or informing them to seek out independent counsel.

Inability to inform

If a client decides to hire an attorney, it means they've reached the stage where their legal problem is beyond their expertise and experience and malpractice that they are unable to solve it by themselves. The lawyer has a duty to inform clients of the benefits of the case, the potential risks and costs involved, and their rights. If an attorney does not comply with this requirement, they could be guilty of malpractice.

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 might also not communicate important details regarding a case, or fail to reveal any issues in a transaction.

It is possible to bring a lawsuit against an attorney for negligence, but the client must prove that they have suffered real financial losses because of the lawyer's negligence. The losses must be documented. This requires evidence, like email files and client files, or other correspondence between an attorney and a client and also bills. In the event of fraud or theft an expert witness could be needed to investigate the case.

Inability to Follow the Law

Attorneys must follow the law and know what it means in specific situations. They could be found guilty of malpractice if they don't. Examples include combining funds from clients with their own or using settlement proceeds for personal expenses, and not performing basic due diligence.

Another example of legal malpractice law firms is failure to file an action within the statute of limitations, missing deadlines for filing with the court and not observing the Rules of Professional Conduct. Attorneys must declare any conflicts of interest. This means they must inform clients of any financial or personal interests that could affect their decision-making process when representing them.

Attorneys are also required to adhere to the instructions of their clients. Attorneys must follow the instructions of clients unless it is evident that the actions would not be beneficial.

To prevail in a malpractice lawsuit the plaintiff must show that the lawyer acted in violation of his duty of care. It isn't easy to prove that the defendant's inaction or actions resulted in damage. It is not enough to prove that the attorney's error caused a bad result. A malpractice claim must also show that there was a high likelihood that the plaintiff's case would have been successful if the defendant had followed normal procedures.