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How to Sue Your Attorney for Malpractice

To pursue an attorney's negligence, you must to show that the breach of duty resulted in negative financial, legal or other consequences for you. It is not enough to demonstrate that the negligence of the attorney was a problem and you must prove a direct link between the breach and the unfavorable outcome.

Strategies do not be considered legal malpractice, but if your lawyer does not file a lawsuit in time and you lose the case, this could be a type of malpractice.

Inappropriate use of funds

One of the most prevalent kinds of legal malpractices is the misuse of funds by lawyers. Lawyers are in a fiduciary relationship with their clients and are required to act with the utmost trust and fidelity, especially when dealing with money or other property that the client has entrusted to them.

When a client makes retainer fees, their lawyer is required to deposit the money into an separate escrow account designated for that case's purpose only. If the attorney makes use of the escrow fund for personal purposes or co-mingles it with their own funds the attorney is in breach of their fiduciary responsibilities and could be charged with legal misconduct.

Imagine, for instance, that a client hires an attorney to represent them in an action against a motorist who struck them as they were walking across the street. The client can prove the driver's negligence and the collision resulted in the injuries they sustained. The lawyer, however, fails to comply with the law and is not able to file the case in time. The lawsuit is dismissed, and the party who was injured suffers a financial loss because of the lawyer's mistake.

The statute of limitations restricts the time it takes to claim a lawyer's negligence. It can be difficult to determine when an injury or loss is due to the negligence of the lawyer. A licensed New York attorney with experience in the field of malpractice law will be able to explain the time limit to you and help you determine if your situation is suitable for a legal malpractice suit.

Inability to follow the Rules of Professional Conduct

Legal Malpractice Lawyers occurs when a lawyer fails adhere to generally accepted professional standards and results in harm to the client. It is the result of four elements of most torts: an attorney-client relation as well as breach of duty and the proximate cause.

A few examples of malpractice include a lawyer mixing their personal and trust funds, failing timely to file a suit within the timeframes, pursuing cases where they are not competent, failing to conduct an investigation into conflicts and not keeping up to the latest court proceedings or any new developments in law that could affect the case. Lawyers also have a duty to communicate with clients in a reasonable way. This is not limited to email and faxes, but also resolving telephone calls promptly.

Attorneys can also commit fraud. It can be done in a variety of ways, such as lying to the client or anyone else involved in the case. In this instance it is essential to have the facts on hand so that you can determine if the attorney was being dishonest. It's also a violation of the attorney-client contract if an attorney takes on cases that are outside of their expertise and fails to inform the client about this or recommend seeking separate counsel.

Inability to inform

When a client hires a lawyer, it means that their legal issue has become beyond their skill and knowledge. They are unable to resolve it themselves. The lawyer's job is to inform clients of the benefits of a case along with the costs and risks involved, as well as their rights. An attorney who fails to do this may be held accountable.

Many legal malpractice claims stem from of poor communication between attorneys and their clients. For example attorneys may not return calls or fail to notify their clients of a decision taken on their behalf. An attorney might also neglect to provide important information regarding the case or fail disclose known problems with the transaction.

It is possible to sue an attorney for negligence, however, a client must show that they suffered real financial losses because due to the negligence of the attorney. The losses should be documented. This requires evidence, such as email and client files, or other correspondence between an attorney and client, as well as bills. In the case of fraud or theft, an expert witness may be needed to investigate the case.

Failure to Follow the Law

Attorneys must adhere to the law and be aware of how it applies to specific situations. They could be found guilty of misconduct when they fail to do so. Examples include mixing client funds with theirs or using settlement funds to pay for personal expenses, and not performing basic due diligence.

Other examples of legal misconduct include failure to file a lawsuit within the statute of limitation and missing court filing deadlines and not complying with the Rules of Professional Conduct. Attorneys are also required to disclose any conflicts of conflicts of interest. They must inform clients of any financial or personal interests that could influence their judgement when representing them.

Attorneys must also adhere to the instructions of their clients. Attorneys must abide by the instructions of clients unless it is clear that the decision will not be beneficial.

To win a malpractice attorney lawsuit the plaintiff must prove that the lawyer has violated his duty of care. This can be difficult, as it requires showing that the defendant's actions or negligence caused damages. It isn't enough to demonstrate that the attorney's wrongful actions led to a poor outcome. A malpractice claim must prove that there was a significant likelihood that the plaintiff's lawsuit could have been won had the defendant had followed standard procedures.