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How to Sue Your Attorney for Malpractice lawyers

To pursue an attorney's negligence, you need to show that the breach of duty resulted in negative financial, legal or other consequences for you. You must show that there is a direct link between the attorney's negligence and the negative results.

Legal malpractice is not a issues of strategy. However, if you lose a lawsuit because your lawyer did not file the lawsuit on time this could be considered negligence.

Inappropriate use of funds

A misuse of funds by lawyers is one of the most widespread kinds of legal negligence. Lawyers are in a fiduciary relationship with their clients and are required to act with a high degree of trust and fidelity, especially when dealing with funds or other property that the client has left to them.

When a client makes a payment for their retainer and the lawyer is required by law to place that money in a separate escrow account that is exclusively utilized for that particular case. If the attorney co-mingles the account with their personal funds or uses it for any other purpose that is a clear breach of fiduciary responsibility and could result in legal negligence.

Imagine, for instance the scenario where a client hires an attorney to represent him in a lawsuit against a driver who hit them as they crossed the street. The client is able to prove that the driver was negligent and can show that the accident caused their injuries. The lawyer, however, does not follow the law and is unable file the case on time. The lawsuit is dismissed and the injured party suffers financial losses as a result of the lawyer's mistake.

The time frame for suing an attorney for negligence is governed by a statute-of-limitations, which can be tricky to calculate in a situation where a loss or injury was the result of the negligence of the attorney. A qualified New York attorney with experience in malpractice attorney law can explain the time limit to you and assist you to determine if your situation is a suitable candidate for a legal malpractice suit.

Disobedience to the Rules of Professional Conduct

Legal malpractice is when a lawyer fails adhere to generally accepted professional standards and results in harm to the client. It is based on the same four elements as most torts, which are an attorney-client relationship, a duty, a breach, and proximate causation.

A few common examples of malpractice include a lawyer who has a personal and trust account funds, failing to make a claim within the statute of limitations, taking on cases where they aren't competent, not performing an investigation into conflicts, and not keeping up-to-date with court proceedings or other developments in law that could impact the case. Lawyers must communicate with their clients in a fair and reasonable manner. This isn't just limited to emails and faxes and includes also responding to phone calls promptly.

It is also possible for attorneys to engage in fraud. It can be done by lying to the client or any other person who is involved in the case. It is important to know the facts to determine if the lawyer was untruthful. A breach of the agreement between the attorney and client occurs when an attorney takes cases outside their expertise without informing the client about it or suggesting they seek independent counsel.

Failure to Advise

When a client engages a lawyer, it means that their legal issues have become beyond their skill and knowledge. They are unable solve the issue by themselves. Lawyers are required to inform clients of the importance of the case, the risks and costs involved, as well as their rights. If a lawyer fails to do this could be liable.

Many legal malpractice claims stem from poor communication between attorneys and their clients. For instance, an attorney might not respond to phone calls or fail to notify their clients of a decision made on their behalf. An attorney might not also communicate vital details about a case or not disclose any known issues in an transaction.

It is possible to sue an attorney for negligence, but a plaintiff must prove they suffered financial losses due to due to the negligence of the attorney. The losses have to be documented, which will require evidence like client files, emails and other correspondence between the attorney and the client, and bills. In the event of fraud or theft an expert witness could be required to examine the case.

Failure to Follow the Law

Attorneys must abide by the law, and know the law's implications for specific circumstances. If they don't then they could be accused of malpractice. Examples include mixing client funds with theirs or using settlement funds to pay for personal expenses, and not doing basic due diligence.

Another type of legal malpractice includes the failure to file a lawsuit within the statute of limitations, missing deadlines for filing court documents, and not following the Rules of Professional Conduct. Attorneys are also required to disclose any material conflicts of interest. This means that they have to inform clients of any personal or financial concerns that could impact their judgment in representing them.

Attorneys must also adhere to the instructions of their clients. If a client asks them to take particular action, the attorney must follow those instructions unless there is an obvious reason that it would not be beneficial or even feasible.

To prevail in a malpractice lawsuit the plaintiff must demonstrate that the lawyer did not fulfill his duty of care. This can be a challenge, because it requires proving that the defendant's actions or inaction caused damages. It isn't enough to demonstrate that the attorney's wrongful actions caused a negative outcome. A malpractice claim must also prove that there was a substantial probability that the plaintiff's case would have been successful if the defendant had followed the standard procedure.