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How to Sue Your Attorney for Malpractice

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

Legal malpractice does not cover matters of strategy. If you lose a lawsuit because your lawyer failed to file the lawsuit in time, this could be malpractice.

Inappropriate use of funds

The misuse of funds by lawyers is among the most widespread forms of legal negligence. Lawyers are bound by a fiduciary duty to their clients, and must act with trust and fidelity when handling money or other assets that the client has trusted them with.

When a client pays a retainer to their attorney, the lawyer is required to deposit the money in a separate escrow account that is specifically designated for the specific purpose of the case only. If the lawyer uses the escrow fund for personal use or co-mingles it with their own funds it is in violation of their fiduciary duty and could be accused of legal malpractice.

Imagine, for instance, that a client hired an attorney to represent the client in a lawsuit filed against a driver whose car hit them as they crossed the street. The client is able to prove the driver's negligence, and that the collision caused the injuries they sustained. The lawyer, however, misses the statute and is unable to file the case on time. Therefore, the case is dismissed and the injured party suffers financial losses due to the lawyer's mistake.

A statute of limitations limits the time that you can sue an lawyer for malpractice. It is often difficult to determine when an injury or loss was due to the negligence of the lawyer. A New York attorney who is experienced in malpractice law can explain the statute of limitations and assist you in determining whether you have a case that is eligible for an action.

Do not follow the rules of professional conduct

Legal malpractice occurs when an attorney does not follow generally accepted professional standards and harms the client. It has the same four elements that are common to all torts, which are an attorney-client relationship, a duty, a breach, and proximate cause.

A few common examples of misconduct include a lawyer commingling their personal and trust account funds, failing to file a lawsuit within the timeframe of the statute of limitations and assuming cases in which they are not competent, failing to conduct a conflict-check, and not being up-to-date with court proceedings or new developments in law that may affect the case. Lawyers are required to communicate with their clients in a reasonable way. This doesn't just mean the use of faxes and email, but also returning telephone calls promptly.

Attorneys can also commit fraud. This could be accomplished by lying to the client, or any other person who is involved in the case. In this scenario, it is important to have the facts in hands so that you can determine if the attorney was being deceitful. It also constitutes a breach of the attorney-client contract if an attorney accepts an issue that is outside of their expertise and does not inform the client of this or suggest they seek out separate counsel.

Failure to Advise

When a client hires an attorney, this means they have reached the point where their legal situation is beyond their expertise or experience and they are unable to solve it by themselves. The lawyer is obliged to inform clients of the advantages of the case, the risks and costs involved, as well as their rights. Lawyers who fail to do this may be guilty.

Many legal malpractice cases result from a lack of communication between lawyers and their clients. For instance, an attorney might not answer phone calls or fail to notify their clients of a decision they made on their behalf. An attorney may also be unable to share important information about a case or fail to disclose known problems with transactions.

A client may sue an attorney if they have suffered financial losses as a result of the negligence of the lawyer. The losses should be documented. This requires evidence, like email files and client files, or any other correspondence between an attorney and client, and also bills. In the case of fraud or theft, it may also be necessary to be able to have an expert witness review the case.

Failure to Follow the Law

Attorneys are required to follow the law and know the laws that apply to specific circumstances. They could be found guilty of malpractice if they don't. Examples include mixing funds from clients with their own and using settlement proceeds to pay for personal expenses, and not doing basic due diligence.

Other examples of legal misconduct include failure to file a lawsuit within the statute of limitation and not filing the suit by the deadlines set by the court and not adhering to 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 decision-making process 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 is not beneficial.

To win a malpractice lawsuit the plaintiff has to prove that the lawyer breached their duty of care. This can be difficult, since it requires proving the defendant's actions or inaction caused damages. It's also not enough to prove the result of the attorney's negligence was negative to be able to prove a malpractice claim. to be successful, it must be proven that there is a high probability that the plaintiff could have won their case if the defendant had followed the usual procedure.