How to Sue Your Attorney for Malpractice
To pursue an attorney's negligence, you need to prove that the breach caused financial, legal or other implications for you. It's not enough to demonstrate that the negligence of your attorney was injurious it is also necessary to establish that there is a direct connection between the breach and the unfavorable outcome.
Legal malpractice is not a matters of strategy. However, if you lose a case because your lawyer didn't file the lawsuit in time it could be a case of an act of malpractice.
Misuse of funds
A misuse of funds by a lawyer is one of the most prevalent types of legal fraud. Lawyers are required to fulfill a fiduciary duty to their clients and must behave with confidence and fidelity when handling money or any other property that the client has trusted them with.
When a client pays retainer to their lawyer, the lawyer is required to deposit that money into a separate escrow account that is specifically designated for the specific purpose of the case only. If the lawyer co-mingles the account with personal funds, or uses it for other purposes it is a clear breach of the fiduciary obligation and could constitute legal fraud.
Imagine, for instance, that a client hired an attorney to represent him in a suit filed against a driver whose vehicle hit them as they crossed the street. The client has evidence that the driver was negligent, and can show that the accident caused their injuries. However, their lawyer is not aware of the statute of limitations and is in a position to file the lawsuit within time. Consequently, the lawsuit is dismissed and the injured party suffers financial loss as a result of the lawyer's error.
The time 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 resulted from the negligence of the attorney. A New York attorney who is proficient in malpractice law will be able to explain the statute of limitations and assist you in determining whether you are eligible for an action.
Failure to follow the professional rules of conduct
Legal malpractice is when an attorney fails to adhere to generally accepted professional standards and inflicts harm on the client. It has the same four elements that are common to all torts, including an attorney-client relationship, a duty, a breach, and proximate causation.
Some examples of malpractice are the lawyer combining their personal and trust funds, failing to timely to file suit within the timeframes, pursuing cases in which they're not competent, failing to perform an examination of conflicts and not staying up to date on court proceedings or any other developments in law that could impact the case. Lawyers have a responsibility to communicate with their clients in a reasonable manner. This is not limited to email and faxes, but also resolving telephone calls promptly.
Attorneys can also commit fraud. It can be done by lying to the client or to anyone else involved in the case. It is essential to learn the facts so you can determine if the lawyer was insincere. A violation of the agreement between an attorney and a client occurs when an attorney handles an action outside of their area of expertise without advising the client or soliciting independent counsel.
Failure to Advise
When a client hires an attorney, it means they've reached a point at which their legal situation is beyond their expertise and experience and that they are unable to resolve it on their own. The lawyer is required to inform clients of the merits of the case, the risks and costs involved, as well as their rights. If an attorney does not perform this, they could be found guilty of malpractice.
Many legal malpractice claims stem from of poor communication between lawyers, and their clients. For example an attorney may not answer phone calls or fail to inform their clients of a decision they made on their behalf. An attorney might also fail to communicate important details regarding a particular case, or fail to inform clients of problems with an transaction.
It is possible to sue an attorney for negligence, however, a client must prove that they suffered financial losses due to of the negligence of the lawyer. These losses must be documented, which will require evidence such as client files email correspondence, other correspondence between the attorney and the client, as well as bills. In the event of theft or fraud It may be necessary to get an expert witness to look into the case.
Failure to Follow the Law
Attorneys must follow the law and be aware of what it means for specific situations. They could be found guilty of malpractice if they don't. Examples include combining client funds with their own, or using settlement proceeds for personal expenses, or not performing basic due diligence.
Another example of legal
malpractice attorney includes the failure to file a lawsuit within the statute of limitations, not meeting deadlines for filing in court and not adhering to the Rules of Professional Conduct. Attorneys are also obligated to disclose any material conflicts of conflicts of interest. They must inform clients of any financial or personal interest that might affect their judgment when representing them.
Attorneys must also follow the instructions of their clients. Attorneys are required to follow the directions of clients unless it is clear that the decision would not be beneficial.
To win a
malpractice lawsuit, the plaintiff has to show that the lawyer acted in violation of his duty of care. It isn't easy to prove that the defendant's inaction or actions caused damage. It's also not enough to prove that the result of the attorney's negligence was bad; for a malpractice claim to succeed, it must be demonstrated that there's a high likelihood that the plaintiff could have won the case in the event that the defendant had followed standard practice.