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How to Sue Your Attorney for Malpractice

To claim a lawyer's malpractice, you have to show that the breach resulted in negative financial, legal or malpractice lawyer other implications for you. You must demonstrate that there was a direct link between your attorney's negligence and the negative result.

Strategy-related issues do not count as legal malpractice however, when your lawyer fails to file a lawsuit on time and you lose the case, it could be a case of malpractice.

The misuse of funds

A misuse of funds by a lawyer is one of the most widespread types of legal negligence. Lawyers are required to fulfill a fiduciary duty to their clients, and must behave with trust and fidelity when handling money or other property the client has entrusted them with.

If a client pays a retainer to their attorney, the lawyer must put the money in a separate escrow account that is specifically for the purpose of that case only. If the attorney utilizes the escrow funds for personal use or co-mingles it with their own funds the attorney is in breach of their fiduciary obligations and could be charged with legal misconduct.

Imagine, for example that a client hires an attorney to represent him in a suit filed against a driver whose vehicle was struck by them as they crossed the street. The client is able to prove the driver's negligence and that the collision resulted in the injuries they sustained. But, their lawyer violates the deadline and is unable to file the case in time. The lawsuit is dismissed and the person who was injured suffers a financial loss because of the lawyer's mistake.

The statute of limitations restricts the time that you can sue an lawyer for malpractice. This can be difficult to determine when an injury or loss was caused by negligence of the lawyer. A New York attorney who is skilled in malpractice law firm law can explain the statute of limitations and assist you in determining if you have a case that is eligible for a lawsuit.

Disobedience to the Rules of Professional Conduct

Legal malpractice is when an attorney does not follow generally accepted professional standards, and harms the client. It has the same four elements as the majority of torts, which include an attorney-client relationship as well as a duty, breach, and proximate cause.

A few common examples of malpractice include a lawyer mixing their personal and trust account funds, failing in time to file suit within the statute of limitations, taking on cases in which they are not competent, failing to conduct a proper conflict check, as well as not being up-to-date with court proceedings or other developments in the law that may affect the case. Lawyers are also required to communicate with clients in a timely manner. This is not limited to email and faxes but also answering phone calls promptly.

It is also possible for lawyers to commit fraud. This could be accomplished by lying to the client, or any other person involved in the investigation. It is essential to understand the facts so you can determine whether the attorney was dishonest. It's also a violation of the contract between attorney and client if an attorney accepts an assignment that is not within the scope of their area of expertise and fails to inform the client of this or suggest that they seek separate counsel.

Inability to advise

If a client engages an attorney, it is a sign that they've reached a stage where their legal issue is beyond their expertise and experience and that they are unable to resolve it by themselves. It is the lawyer's duty to provide advice to clients regarding the advantages of a case along with the costs and risks involved and their rights. If an attorney fails to perform this, they could be found guilty of malpractice.

Many legal malpractice claims stem from a lack of communication between lawyers and their clients. For example attorneys may not answer phone calls or fail to inform their clients of the decision made on their behalf. A lawyer may also fail to share important information about the case or fail identify any issues with an transaction.

A client may sue an attorney if they have suffered financial losses due to the negligence of the lawyer. The losses have to be documented, which requires evidence like client files emails, correspondence between the lawyer and the client, as well bills. In the case of fraud or theft, it may also be required to be able to have an expert witness review the case.

Inability to Follow the Law

Attorneys must adhere to the law and be aware of what it means for specific circumstances. They could be found guilty of misconduct if they don't. Examples include combining client funds with their own or using settlement proceeds to pay personal expenses, or failing to perform basic due diligence.

Other instances of legal misconduct include failure to file a suit within the time limit and not filing the suit by the deadlines set by the court and not following the Rules of Professional Conduct. Attorneys must also declare any conflicts of interest. They must disclose to clients any personal or financial interest that might affect their judgment when representing them.

Attorneys are also required to follow the instructions of their clients. If a client directs them to take a specific action, the attorney must follow those instructions unless there's any reason that suggests it is not beneficial or even feasible.

To prevail in a Malpractice Lawyer lawsuit, the plaintiff has to prove that the lawyer violated his duty of care. This isn't easy, since it requires proof that the defendant's actions or inaction caused damages. It's not enough to show that the result of the attorney's negligence was bad and for a malpractice case to be successful, it must be proven that there is an extremely high chance that the plaintiff could have won the case if the defendant had followed the standard procedure.