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How to Sue Your Attorney for Malpractice

To pursue an attorney's malpractice, it is necessary to prove that the breach had negative legal, financial or other implications for you. You must establish a direct connection between the attorney's negligence and the negative results.

Matters of strategy do not be considered legal malpractice, however, when your lawyer fails to file a lawsuit on time and you lose the case, this could be a type of malpractice.

Fraud in the use of funds

The misuse of funds by a lawyer is one of the most widespread types of legal negligence. Lawyers have a fiduciary connection with their clients and are expected to act with the utmost 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 required by law to place that money in an escrow fund that is only utilized for that particular case. If the lawyer co-mingles the escrow account with personal funds or utilizes it for other purposes this is a blatant breach of fiduciary responsibility and could be considered legal malpractice.

Imagine, for instance the scenario where a client hires an attorney to represent him in a suit filed against a driver whose vehicle hit them as they crossed the street. The client has the ability to prove driver's negligence and that the accident led to their injuries. Their lawyer, however, fails to comply with the law and is unable to file the case on time. Consequently, the lawsuit is dismissed and the party who was injured is financially harmed because of the lawyer's mistake.

A statute of limitations limits the time that you can sue an lawyer for malpractice. It can be difficult to determine when an injury or loss is caused by negligence of the lawyer. A New York attorney who is experienced in Malpractice Lawyers law can explain the statute of limitations and assist you in determining whether you have a case that qualifies for a lawsuit.

Failure to follow the professional rules of conduct

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

A few common examples of misconduct include a lawyer mixing trust and personal account funds, failing to timely bring suit within the timeframe of the statute of limitations, taking on cases in which they aren't competent, Malpractice lawyers not conducting a conflict-check, and not keeping up to date on court proceedings or new developments in the law that could affect the case. Lawyers have a responsibility to communicate with their clients in a fair and reasonable manner. This is not limited to email and fax, but also includes answering phone calls in a timely manner.

Attorneys can also commit fraud. This could be done by lying to the client, or any other person involved in the case. In this situation it is essential to have the facts on the hands of the investigator to determine if the lawyer was being insincere. A breach of the agreement between the attorney and client occurs when an attorney is able to handle a case outside their expertise without informing the client of this or suggesting they seek independent counsel.

Failure to Advise

If a client engages an attorney, this means they've reached the stage where their legal problem is beyond their expertise and experience and that they can no longer resolve it on their own. It is the attorney's responsibility to inform clients about the merits of a case, the costs and risks associated with it, and their rights. Lawyers who fail to do this could be liable.

Many legal malpractice claims arise because of poor communication between lawyers, and their clients. An attorney may not return the phone or fail inform their clients of a certain decision made in 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 can sue an attorney if they have suffered financial losses as a result of the negligence of the lawyer. These losses must be documented, which requires evidence such as client files, emails and other correspondence between the attorney and the client, along with bills. In the case of fraud or theft It may be necessary to get an expert witness to look into the case.

Failure to Follow the Law

Attorneys are required to follow the law and understand the way it is applied in particular circumstances. They could be found guilty of malpractice in the event that they fail to follow. Examples include mixing funds from clients with theirs or using settlement funds to pay for personal expenses, and not performing basic due diligence.

Other instances of legal malpractice are failure to file a lawsuit within the statute of limitation and not filing the suit by the deadlines set by the court and not following the Rules of Professional Conduct. Attorneys are also obligated to disclose any conflicts of interests. This means that they have to inform clients of any personal or financial interests that could affect their decision-making process when representing them.

Finally, attorneys are obligated to follow the instructions of their clients. If a customer instructs them to take a particular action the attorney must comply with the instructions unless there is an obvious reason why it would not be beneficial or possible.

To prevail in a malpractice lawsuit, the plaintiff must prove that the lawyer breached their duty of care. It can be difficult to prove that the defendant's lapses or actions caused damage. It isn't enough to demonstrate that the attorney's wrongful actions caused a bad result. A malpractice claim must also prove that there was a substantial probability that the plaintiff's case could have been settled if the defendant followed standard practices.