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How to Sue Your Attorney for Malpractice

To claim a lawyer's negligence, you must to prove that the breach caused financial, legal or other repercussions for you. It's not enough to demonstrate that the attorney's negligence was negligent but you must also prove that there is a direct connection between the breach and Malpractice lawyers the undesirable outcome.

The nuances of strategy don't be considered legal malpractice, but if your lawyer does not file a lawsuit in time and you lose the case that could be a sign of malpractice.

Misuse of funds

One of the most frequent types of legal malpractice is the misuse of funds by lawyers. Lawyers are in a fiduciary relationship with their clients and are expected to act with the highest degree of trust and fidelity, particularly when dealing with funds or other property that the client has entrusted to them.

When a client makes a payment for their retainer the lawyer is obligated by law to keep that money into an escrow account that is exclusively utilized for that particular case. If the lawyer makes use of the escrow fund for personal purposes or co-mingles it with their own funds the attorney is in breach of their fiduciary obligations and could be charged with legal negligence.

Imagine, for instance that a customer hires an attorney to represent him in a lawsuit against a driver whose vehicle struck them while crossing the street. The client can prove the driver's negligence and that the accident caused their injuries. But, their lawyer violates the deadline and is in a position to file the lawsuit within time. Therefore, the case is dismissed and the person who was hurt is liable for financial losses because of the lawyer's mistake.

The time for suing an attorney for malpractice is limited by a statute of limitation which can be difficult to calculate in a case where an injury or loss occurred as the result of the negligence of the attorney. A New York attorney who is proficient in malpractice law will be able to explain the statute of limitation and help you decide if you have a case which is suitable for an action.

Failure to follow the rules of professional conduct

Legal malpractice lawyers occurs when an attorney fails to follow generally accepted standards of professional conduct, and inflicts harm on the client. It is the result of four elements of the most common torts: an attorney-client relation as well as breach of duty and the proximate cause.

A few common examples of misconduct include a lawyer commingling their personal and trust account funds, failing to make a claim within the time limit, taking on cases in which they aren't competent, not performing a proper conflict check, as well as not being up-to-date with court proceedings or other developments in law that could impact the case. Lawyers are also required to communicate with clients in a reasonable manner. This isn't just limited to email and faxing and also includes answering phone calls in a timely manner.

Attorneys can also commit fraud. This can be done by lying to the client, or anyone else involved in the investigation. In this case it is imperative to have the facts in the hands of the investigator to determine if the attorney was untruthful. A violation of the agreement between an attorney and a client is when an attorney decides to take an action outside of their area of expertise without informing the client or soliciting independent counsel.

Inability to provide advice

If a client decides to hire an attorney, this means they've reached a point at which their legal situation is beyond their own skill or experience and they are unable to resolve it on their own. The lawyer's job is to advise clients on the advantages of a case along with the costs and risks involved and their rights. A lawyer who fails to do this could be liable.

Many legal malpractice cases stem from poor communication between attorneys and their clients. A lawyer may not answer a calls or fail to inform their clients of a certain decision made in their behalf. Attorneys may also not communicate important details regarding a particular case, or fail to disclose known issues in a transaction.

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. These losses must be documented, which requires evidence like client files, emails and other correspondence between the lawyer and the client, along with bills. In cases of fraud or theft, an expert witness may be required to look into the case.

Failure to Follow the Law

Attorneys are required to follow the law and comprehend the way it is applied in particular situations. They could be found guilty of malpractice if they do not. Examples include mixing funds from clients with their own using settlement proceeds to pay for personal expenses and failing to do basic due diligence.

Other examples of legal malpractice include failure to file a lawsuit within the statute of limitations, missing court filing deadlines and not following the Rules of Professional Conduct. Attorneys are also obligated to disclose any conflict of interests. This means that they must inform clients of any personal or financial interest that could influence their decision-making process when representing them.

In addition, attorneys are required to follow instructions from their clients. If a client asks the attorney to take specific actions, the attorney must follow the instructions, unless there's an obvious reason why it is not advantageous or is not feasible.

To win a malpractice lawsuit, the plaintiff has to prove that the lawyer has violated 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 show that the attorney's negligence resulted in a bad outcome. A malpractice claim must also prove that there was a high chance that the plaintiff's claim could have been settled if the defendant had followed normal procedures.