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How to Sue Your Attorney for Malpractice

If you want to sue your attorney for malpractice, you have to prove that their negligence caused financial, legal or other negative outcomes for you. It's not enough to prove the attorney's negligence was negligent and you must prove an unambiguous link between the breach and the undesirable outcome.

Matters of strategy do not count as legal malpractice but if your lawyer does not file a lawsuit within the timeframe and you lose the case it could be a case of malpractice.

Use of funds in a fraudulent way

One of the most frequent types of legal malpractice involves the misuse of funds by a lawyer. Attorneys are legally bound by a fiduciary responsibility to their clients, and must behave with trust and fidelity when handling funds or other property the client has given them.

When a client makes a payment for their retainer and the lawyer is required by law to place that money in an fund for escrow that is exclusively specifically used for the particular case. If the lawyer makes use of the escrow account for personal reasons or mixes it with their own funds it is in violation of their fiduciary responsibilities and could be charged with legal misconduct.

For instance, suppose that a client employs their attorney to represent them in the case of a driver who slammed into them as they were walking along the street. The client is able to prove the driver's negligence and the collision caused the injuries they sustained. However, their lawyer misses the statute of limitations and is in a position to file the lawsuit within the timeframe. Thus, the lawsuit is dismissed and the victim is liable for financial losses because of the lawyer's error.

A statute of limitations limits the time that you can bring a lawsuit against a lawyer for malpractice. It is often difficult to calculate when an injury or loss was caused by the attorney's negligence. A New York attorney who is knowledgeable about malpractice lawyer law can explain the statute of limitation and help you determine if you are eligible for a lawsuit.

Failure to adhere to the rules of professional conduct

Legal malpractice is when an attorney fails to follow generally accepted professional standards and inflicts harm on the client. It requires the same four elements of most torts, which include an attorney-client relationship and a duty, a breach, and proximate causation.

Some examples of malpractice lawyers are the lawyer combining their personal and trust funds, failing to file a suit within the timeframes, pursuing cases in which they're not competent, failing to perform an investigation into conflicts and Malpractice lawyers not staying up to the current court proceedings or any new legal developments that could affect the case. Lawyers are also required to communicate with clients in a reasonable way. This doesn't just mean the use of faxes and email, but also answering phone calls promptly.

Attorneys are also able to commit fraud. This can be done by lying to the client, or to anyone else involved in the case. It is essential to understand the facts so you can determine if the attorney is insincere. A breach of the attorney-client agreement occurs when an attorney takes an issue that is not within their expertise without advising the client or advising them to seek independent counsel.

Failure to provide advice

When a client employs an attorney, it means they have reached the point where their legal situation is beyond their own skill or experience and they are unable to resolve it by themselves. The lawyer is obliged to inform clients of the merits of the case, the potential risks and costs involved, as well as their rights. An attorney who fails to provide this advice could be guilty.

Many legal malpractice cases are the result of poor communication between lawyers and their clients. For instance an attorney may not return calls or fail to notify their clients of a decision they made on their behalf. Attorneys may also fail to communicate important details about a case or fail to divulge any issues with an transaction.

It is possible to claim a lawyer's negligence, but a plaintiff must prove that they have were able to recover financial losses as a result of the negligence of their lawyer. The losses must be documented, which will require evidence such as client files email correspondence, other correspondence between the lawyer and the client, along with bills. In the event of fraud, or theft, an expert witness may be required to look into the case.

Inability to Follow the Law

Attorneys must abide by the law and understand the law's implications for specific circumstances. They could be found guilty of malpractice in the event that they fail to follow. Examples include mixing funds from clients with their own, using settlement proceeds to pay for personal expenses, and not performing basic due diligence.

Other examples of legal malpractice include failing to file a suit within the statute of limitation, missing court filing deadlines and not observing the Rules of Professional Conduct. Attorneys must also declare any conflicts of interest. This means that they must inform clients of any financial or personal interest that could influence their decision-making process when representing them.

Finally, attorneys are obligated to follow instructions from their clients. Attorneys must abide by the instructions of clients unless it is obvious that the action is not beneficial.

To prevail in a malpractice suit the plaintiff must show that the lawyer breached their duty of care. This can be difficult, since it requires proof that the defendant's actions or inaction caused damages. It isn't enough to show that the attorney's negligence resulted in a bad outcome. A malpractice claim must also prove that there was a substantial likelihood that the plaintiff's case could have been won had the defendant followed standard practices.