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How to Sue Your Attorney for Malpractice

To sue your attorney on charges of malpractice lawyers, you must prove that their negligence caused legal, monetary or other negative consequences for you. You must show that there was a direct link between your attorney's incompetence and the negative outcome.

Strategies do not constitute legal malpractice, but the lawyer you hire fails to file a lawsuit within the timeframe and you lose the case, that could be a sign of malpractice.

Use of funds in a fraudulent way

The misuse of funds by lawyers is among the most common kinds of legal fraud. Attorneys are bound by a fiduciary duty to their clients, and must behave with trust and fidelity when handling funds or any other property that the client has trusted them with.

When a client pays a retainer, their lawyer is required to deposit the money into an separate escrow account that is designated for that case's purpose only. If the lawyer makes use of the escrow fund to pursue personal goals or mix it with their own funds it is in violation of their fiduciary responsibilities and could be accused of legal misconduct.

Imagine, for instance, that a client hires an attorney to represent them in the case of a driver who slammed into them as they were walking across the street. The client can prove that the driver was negligent and could prove that the accident caused their injuries. But, their lawyer violates the deadline and is in a position to file the lawsuit within time. Consequently, the lawsuit is dismissed and the injured party is liable for financial losses because of the lawyer's error.

The time for suing an attorney for negligence is governed by a statute that limits the time for suing which can be a challenge to determine in a situation where an injury or loss resulted from the negligence of the attorney. A qualified New York attorney with experience in the field of malpractice law will be able to explain the time limit to you and assist you to determine if your case is a good fit for a legal malpractice lawsuit.

Disobedience to the Rules of Professional Conduct

Legal malpractice occurs when an attorney does not follow generally accepted professional standards and harms the client. It is a requirement of the four elements of the most common torts: an attorney-client relation the breach of a duty and proximate cause.

Some common instances of malpractice are a lawyer mixing their personal and trust account funds, failing to file a lawsuit within the statute of limitations or taking on cases in which they are not competent, not conducting a conflict-check, malpractice lawyers and not staying up to date with court proceedings or any new developments in the law that could affect the case. Lawyers also have a responsibility to communicate with clients in a fair manner. This includes not just the use of faxes and email, but also resolving telephone calls promptly.

It is also possible for attorneys to commit fraud. This can be done by lying to the client or any other person involved in the case. In this instance it is crucial to have all the facts at the hands of the investigator to determine if the attorney was deceitful. A breach of the attorney-client agreement occurs when an attorney is able to handle a case outside their expertise without advising the client or suggesting they seek independent counsel.

Failure to Advise

If a client decides to hire an attorney, it implies that their legal issues have been beyond their expertise and knowledge. They are unable to resolve it themselves. It is the attorney's responsibility to inform clients about the merits of a case along with the costs and risks involved and their rights. If an attorney fails to do this, they could be liable for malpractice.

Many legal malpractice law firm cases result from a lack of communication between attorneys and their clients. For example an attorney may not return phone calls or fail to inform their clients of a decision taken on their behalf. An attorney might also not communicate important details regarding a particular case, or fail to inform clients of issues in an transaction.

A client may sue an attorney if they've suffered financial losses as a result of the negligence of the lawyer. These 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 the event of fraud or theft it could also be necessary to get an expert witness to look into the case.

Inability to Follow the Law

Attorneys must follow the law and understand what it means in specific situations. They could be found guilty of misconduct in the event that they fail to follow. Examples include mixing client funds with theirs and using settlement proceeds to pay for personal expenses, and failing to exercise basic due diligence.

Another example of legal malpractice lawsuits includes failure to file a lawsuit within the statute of limitations, ignoring deadlines for filing in court and not adhering to the Rules of Professional Conduct. Attorneys are also obligated to disclose any material conflicts of interest. This means they must inform clients of any personal or financial interests that could affect their judgment when representing them.

In addition, attorneys are required to follow the instructions of their clients. If a client instructs them to take particular action the attorney must comply with the instructions unless there is an obvious reason to believe that it is not beneficial or feasible.

In order to prevail in a malpractice suit, the plaintiff must prove that the lawyer breached their duty of care. This isn't easy, because it requires proving that the defendant's actions, or inaction, caused damages. It isn't enough to prove that the attorney's error resulted in a bad outcome. A malpractice claim must prove that there was a significant likelihood that the plaintiff's case would have been successful if the defendant had followed the standard procedure.