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How to Sue Your Attorney for Malpractice

To sue your attorney for malpractice, you must prove that their negligence caused financial, legal or other negative consequences for you. It is not enough to demonstrate that the negligence of the attorney was a problem but you must also prove a direct link between the breach and the resulting outcome.

Strategies do not constitute legal malpractice, but when your lawyer fails to file a lawsuit on time and you lose the case, it could be a case of malpractice.

Inappropriate use of funds

One of the most prevalent kinds of legal malpractice is the misuse of funds by lawyers. Lawyers are required to fulfill a fiduciary duty to their clients, and must act with trust and fidelity when handling money or other property that the client has trusted them with.

When a client is required to pay a retainer to their attorney, the attorney is required to place the money into a separate escrow account specifically destined for the purpose of the case only. If the attorney mixes the escrow account with their own personal funds or uses it for other purposes that is a clear violation of fiduciary duty and could be considered legal negligence.

Imagine, for instance, that a client hired 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 is able to prove that the driver was negligent and can prove that the collision caused their injuries. The lawyer, however, misses the statute and is not able to file the case on time. Consequently, the lawsuit is dismissed and the person who was hurt is financially harmed as a result of the lawyer's error.

The statute of limitations limit the time it takes to claim a lawyer's negligence. It can be difficult to determine if an injury or loss was caused by the attorney's negligence. 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 situation is a good candidate for a legal malpractice suit.

Inability to follow the Rules of Professional Conduct

Legal malpractice occurs the case when a lawyer doesn't follow generally accepted professional standards and causes harm to the client. It is based on the same four elements as most torts, which are an attorney-client relationship as well as a duty, breach, and proximate causation.

Some examples of malpractice are the lawyer combining their personal and trust funds, not submitting claims in time to file suit within timeframes, pursuing cases in which they're not competent, failing to carry out an effective conflict check, and not keeping up to the current court proceedings or any recent developments in law that could affect the case. Lawyers are accountable to communicate with their clients in a timely manner. This does not only include email and malpractice faxes, but also returning telephone calls promptly.

Attorneys are also able to commit fraud. It can be done in various ways, including lying to the client or to anyone else involved in the case. It is crucial to know the facts to determine if the lawyer was deceitful. A violation of the attorney-client agreement occurs when an attorney takes cases outside their area of expertise without informing the client about it or advising them to seek independent counsel.

Inability to inform

When a client employs an attorney, this means they've reached the point at which their legal situation is beyond their own skill and experience and that they are unable to solve it by themselves. It is the lawyer's duty to inform clients of the advantages of a case along with the costs and risks involved, as well as their rights. If an attorney does not do this, they could be guilty of malpractice.

Many legal malpractice claims arise because of poor communication between attorneys and their clients. Attorneys may not respond to calls or fail to inform their clients of a specific decision taken on their behalf. A lawyer may also fail to disclose important information about the case or fail to reveal any problems that may arise from a transaction.

A client may sue an attorney if they've suffered financial losses as a result of the lawyer's negligence. The losses should be documented. This requires evidence, such as email and client files, or Malpractice any other correspondence between an attorney and a customer, as well as bills. In the event of fraud or theft, it may also be necessary to engage an expert witness to review the case.

Inability to Follow the Law

Attorneys must be in compliance with the law, and know what it means for specific situations. If they fail to do so, they could be guilty of malpractice. Examples include combining funds from clients with their own or using settlement proceeds for personal expenses, and not performing basic due diligence.

Another instance 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 declare any conflicts of interest. They must disclose to clients any personal or financial interest that might affect their judgment when representing them.

Finally, attorneys are obligated to abide by the instructions of their clients. If a client directs them to take a specific action, the attorney must follow the instructions, unless there's an obvious reason why it is not beneficial or even feasible.

To win a malpractice lawsuit the plaintiff must demonstrate that the lawyer did not fulfill his duty of care. It isn't easy to establish that the defendant's inaction or actions resulted in damage. It isn't enough to prove that the attorney's error resulted in a bad outcome. A malpractice lawyer claim must also prove that there was a substantial likelihood that the plaintiff's lawsuit could have been won had the defendant had followed the standard procedure.