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How to Sue Your Attorney for Malpractice

To sue your attorney on charges of malpractice, you must prove that the breach of duty led to legal, monetary or other negative effects for you. You must demonstrate a direct connection between the attorney's incompetence and the negative outcome.

Legal malpractice does not cover issues of strategy. However, if you lose a case because your lawyer failed to submit the lawsuit on time, this could be negligence.

The misuse of funds

One of the most popular types of legal malpractice is the misuse by a lawyer of funds. Lawyers have a fiduciary obligation with their clients and are required to behave with the utmost trust and fidelity, especially when dealing with money or other property that the client has left to them.

If a client pays their retainer, the lawyer is required by law to keep that money in a separate escrow account that is exclusively used for that particular case. If the lawyer makes use of the escrow fund for personal reasons or mixes it with their own funds it is in violation of their fiduciary duties and could be charged with legal misconduct.

Imagine, for example the scenario where a client hires an attorney to represent him in a suit filed against a driver whose car struck them while crossing the street. The client has evidence that the driver was negligent, and can demonstrate that the collision caused their injuries. But, their lawyer violates the statute of limitations and is not able to file the case within the timeframe. The lawsuit is dismissed and the party who was injured is financially harmed due to the lawyer's mistake.

The time frame for suing an attorney for malpractice is limited by a statute of limitation which can be a challenge to calculate in a situation where an injury or loss was the result of the negligence of the attorney. A New York attorney who is proficient in malpractice law can explain the statute of limitation and help you determine if you have a case that qualifies for an action.

Disobedience to the Rules of Professional Conduct

Legal malpractice occurs when a lawyer does not adhere to generally accepted professional standards and causes harm to the client. It is based on the same four elements that are common to all torts, which include an attorney-client relationship and a duty, a breach, and proximate causation.

A few examples of malpractice lawyer include a lawyer mixing their personal and trust funds, failing timely to file a suit within the timeframes, pursuing cases in which they aren't competent, not conducting an investigation into conflicts and not keeping up to the latest court proceedings or any other legal developments that could affect the case. Lawyers must communicate with their clients in a timely manner. This is not limited to the use of faxes and email, but also returning telephone calls promptly.

Attorneys are also able to commit fraud. This could be accomplished by lying to the client, or to anyone else involved in the case. In this instance, it is important to have all the facts at the hands of the investigator to determine if the attorney was being insincere. It's also a violation of the contract between attorney and client if an attorney decides to take on an assignment that is not within the scope of their expertise and fails to inform the client of this or recommend seeking separate counsel.

Inability to inform

When a client hires an attorney, it means they have reached the stage where their legal issue is beyond their capabilities and experience, and they are unable to resolve it by themselves. It is the attorney's responsibility to advise clients on the merits of a particular case, the costs and risks involved, as well as their rights. A lawyer who fails to do so may be found guilty.

Many legal malpractice attorneys cases are the result of poor communication between lawyers, and their clients. For example an attorney may not answer phone calls or fail to notify their clients of the decision made on their behalf. An attorney may also be unable to disclose important information about the case or fail reveal any problems that may arise from the transaction.

A client can sue an attorney if they've suffered financial losses due to the negligence of the lawyer. The losses have to be documented, which will require documents such as client files email correspondence, other correspondence between the lawyer and the client, along with bills. In cases involving fraud or theft It may be required to get an expert witness to look into the case.

Inability to Follow the Law

Attorneys must abide by the law and be aware of the law's implications for specific situations. They could be found guilty of malpractice when they fail to do so. Examples include mixing funds from clients with their own and using settlement proceeds to pay for personal expenses and failing to do basic due diligence.

Other examples of legal malpractice include failure to file a suit within the statute of limitation and missing court filing deadlines and not following the Rules of Professional Conduct. Attorneys must also disclose any conflicts of interest. They must inform clients of any personal or financial interest that could affect their judgment when representing them.

In addition, attorneys are required to follow the instructions of their clients. Attorneys must abide by the instructions of clients, unless it is clear that the actions would not be beneficial.

To win a malpractice lawsuit the plaintiff must demonstrate that the lawyer did not fulfill his duty of care. It can be difficult to prove that the defendant's actions or actions caused damage. It is not enough to show that the attorney's negligence resulted in a bad outcome. A malpractice claim must also show that there was a high chance that the plaintiff's claim could have been settled if the defendant had followed normal procedures.