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How to Sue Your Attorney for Malpractice

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

Legal malpractice doesn't include matters of strategy. If you lose a case due to your lawyer did not submit the lawsuit on time, this could be an act of malpractice.

The misuse of funds

One of the most popular types of legal malpractice is the misuse of funds by lawyers. Attorneys are bound by a fiduciary duty to their clients and must behave with trust and fidelity when handling funds or other property the client has entrusted them with.

When a client pays their retainer to a lawyer, they are required by law to deposit the money in a separate funds that are only intended for the specific case. If the attorney utilizes the escrow funds for personal reasons or mixes it with their own funds, they are in violation of their fiduciary obligations and could be accused of legal negligence.

Imagine, for example that a customer hires an attorney to represent him in a suit filed against a driver whose car struck them while crossing the street. The client has evidence that the driver was negligent and malpractice could show that the accident caused their injuries. The lawyer, however, misses the statute and is unable file the case in time. The lawsuit is dismissed and the victim is financially harmed as a result of the lawyer's error.

A statute of limitation limits the time it takes to claim a lawyer's negligence. It can be a challenge to determine when an injury or loss is caused by negligence of the lawyer. A New York attorney who is proficient in malpractice law will be able to explain the statute of limitation and assist you in determining whether you have a case that qualifies for an action.

Inability to follow the Rules of Professional Conduct

Legal malpractice is when an attorney fails to adhere to the generally accepted professional standards and causes harm to the client. It requires the same four elements that are common to all torts, which are an attorney-client relationship, a duty, a breach, and proximate cause.

Some typical examples of malpractice are a lawyer mixing trust and personal account funds, failing to timely make a claim within the timeframe set by the statute of limitations and assuming cases in which they are not competent, not conducting a conflict-check, and not keeping up-to-date on court proceedings or new developments in the law that could impact the case. Lawyers are also required to communicate with clients in a fair manner. This does not only include email and fax as well as responding to phone calls in a timely manner.

Attorneys are also able to commit fraud. This can be done by lying to the client or any other person who is involved in the investigation. It is essential to learn the facts so that you can determine whether the attorney was untruthful. A breach of the agreement between the attorney and client occurs when an attorney takes a case outside their area of expertise without advising the client or soliciting independent counsel.

Failure to provide advice

If a client decides to hire an attorney, it indicates that their legal issue has exceeded their skills and knowledge. They are unable to solve the problem by themselves. The lawyer has a duty to inform clients of the merits of the case, the risks and costs involved, as well as their rights. If an attorney does not perform this, they could be guilty of malpractice.

Many legal malpractice cases result due to poor communication between attorneys and their clients. For example attorneys may not respond to phone calls or fail to notify their clients of the decision made on their behalf. A lawyer may also fail to provide important information regarding the case or fail identify any issues with transactions.

A client can sue an attorney if they've suffered financial losses as a result of the lawyer's negligence. The losses must be documented, which will require evidence such as client files emails, Malpractice client files, and other correspondence between the lawyer and the client, and bills. In cases involving theft or fraud It may be necessary to engage an expert witness to review the case.

Inability to Follow the Law

Attorneys are required to adhere to the law and know the way it is applied in particular situations. If they don't and they don't, they could be found guilty of malpractice. Examples include combining funds from clients with their own, or using settlement proceeds to pay personal expenses, or not performing basic due diligence.

Another example of legal malpractice is the failure to file a lawsuit within the statute of limitations, not meeting deadlines for filing court documents and not adhering to the Rules of Professional Conduct. Attorneys must also disclose any conflicts of interest. They must disclose to clients any personal or financial interest that could affect their judgment when representing them.

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

In order to win a malpractice lawsuit the plaintiff has to prove that the lawyer violated their duty of care. It isn't easy to prove that the defendant's inaction or actions caused harm. It is not enough to prove that the attorney's error caused a negative outcome. A malpractice claim must also demonstrate that there was a high likelihood that the plaintiff's lawsuit could have been won had the defendant had followed standard procedures.