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 outcomes for you. It is not enough to show that the negligence of the attorney was a problem; you must also show an unambiguous link between the breach and the unfavorable outcome.
Strategy-related issues do not count as legal malpractice but if your lawyer does not file a lawsuit on time and you lose the case this could be a type of malpractice.
Fraud in the use of funds
Fraud in the handling of funds by a lawyer is among the most widespread forms of legal negligence. Lawyers are required to fulfill a fiduciary duty to their clients, and must behave with trust and fidelity when handling funds or other property that the client has entrusted them with.
When a client makes retainer fees, their lawyer is required to put the money into a separate escrow account that is designated for that case's purpose only. If the attorney combines the escrow account with their own personal funds or utilizes it for any other purpose, this is a clear violation of fiduciary duty and could constitute legal
malpractice lawyer.
For example, imagine that a client hires their attorney to represent them in an action against a motorist who hit them while they were walking across the street. The client has evidence that the driver was negligent and could demonstrate that the collision caused their injuries. But, their lawyer violates the deadline and is in a position to file the lawsuit within the timeframe. Consequently, the lawsuit is dismissed and the victim suffers financial losses due to the lawyer's mistake.
The time to sue an attorney for
malpractice is limited by a statute of limitations, which can be tricky to calculate in a situation where an injury or loss resulted from the negligence of the attorney. A competent New York attorney with experience in malpractice law can explain the statute of limitations to you and help you determine if your case is a suitable candidate for a legal malpractice suit.
Failure to follow the professional rules of conduct
Legal
malpractice lawyers occurs when a lawyer fails to adhere to the generally accepted standards of professional practice and results in harm to the client. It requires the four elements of most torts: an attorney-client relationship the breach of a duty and the proximate cause.
Some examples of misconduct include a lawyer mixing trust and personal account funds, failing to timely make a claim within the timeframe set by the statute of limitations and assuming cases in which they aren't competent, not performing a conflict-check, and not keeping up to date with court proceedings or other developments in the law that could impact the case. Lawyers also have a duty to communicate with clients in a reasonable way. This does not only include email and faxes, but also returning telephone calls promptly.
It is also possible for lawyers to commit fraud. This can happen in various ways, including lying to the client or to anyone involved in a case. It is crucial to know the facts so you can determine if the lawyer was untruthful. A breach of the agreement between the attorney and
malpractice client occurs when an attorney is able to handle an action outside of their expertise without advising the client or advising them to seek independent counsel.
Inability to provide advice
When a client hires a lawyer, it signifies that their legal issue has become beyond their skill and experience. They are unable solve the issue on their own. The lawyer is required to inform clients of the merits of the case, the potential risks and costs involved, as well as their rights. If an attorney fails to do this, they could be guilty of malpractice.
Many legal malpractice claims stem due to poor communication between attorneys and their clients. An attorney might not return a phone calls or fail to inform their clients of a certain decision made in their behalf. Attorneys may also fail to share important information about the case or fail to disclose known problems with an transaction.
A client can sue an attorney if they've suffered financial losses as a result of the lawyer's negligence. The losses have to be documented, which requires evidence like client files, emails and other correspondence between the lawyer and the client, and bills. In the case of fraud or theft an expert witness might be needed to investigate the case.
Inability to Follow the Law
Attorneys must be in compliance with the law and understand how it applies to specific circumstances. If they fail to do so then they could be accused of misconduct. Examples include combining funds from clients with their own, or using settlement proceeds to pay personal expenses, and failing to perform basic due diligence.
Other examples of legal malpractice include failure to file a lawsuit within the time limit or missing deadlines for filing with the court and not complying with the Rules of Professional Conduct. Attorneys are also obligated to disclose any material conflicts of interests. This means that they have to inform clients of any financial or personal interests that might affect their judgment in representing them.
Attorneys must also adhere to the instructions of their clients. If a client instructs the attorney to take specific actions an attorney must follow the instructions, unless there's any reason that suggests it would not be advantageous or is not feasible.
In order to prevail in a malpractice suit the plaintiff must demonstrate that the lawyer breached their duty of care. This isn't easy, since it requires proving the defendant's actions or inaction resulted in damages. It isn't enough to prove that the attorney's error caused a negative outcome. A malpractice claim must also prove that there was a significant likelihood that the plaintiff's lawsuit would have been won if the defendant had followed the standard procedure.