How to Sue Your Attorney for Malpractice
To pursue an attorney's negligence, you must to prove that the breach of duty had negative legal, financial, or other consequences for you. You must show that there was a direct link between your attorney's incompetence and the negative outcome.
Legal malpractice does not cover issues of strategy. If you lose a case due to your lawyer was not able to file the lawsuit within the timeframe this could be considered the result of malpractice.
Inappropriate use of funds
One of the most popular kinds of legal malpractice is the misuse of funds by lawyers. Lawyers are in a fiduciary relationship with their clients and are required to behave with a high level of trust and fidelity, particularly when handling money or other property that the client has given to them.
When a client pays retainer to their lawyer, the lawyer is required to put the money into a separate escrow account designated for that case's purpose only. If the attorney makes use of the escrow account to pursue personal goals or mix it with their own funds the attorney is in breach of their fiduciary obligations and could be charged with legal misconduct.
As an example, suppose that a client employs their attorney to represent them in an action against a motorist who slammed into them as they were crossing the street. The client can prove the driver's negligence and that the collision caused their injuries. However, their lawyer fails to comply with the deadline and is incapable of bringing the case within time. The lawsuit is dismissed and the injured party suffers a financial loss because of the lawyer's mistake.
A statute of limitation limits the time you have to sue an lawyer for malpractice. It is often difficult to determine if an injury or loss is caused by the attorney's negligence. A New York attorney who is experienced in malpractice law will be able to explain the statute of limitations and help you decide if you have a case that is eligible for an action.
Disobedience to the Rules of Professional Conduct
Legal malpractice occurs when an attorney fails to follow generally accepted professional standards and causes harm to the client. It is based on the same four elements as most torts, which are an attorney-client relationship an obligation, a breach, and proximate causality.
A few common examples of misconduct include a lawyer mixing trust and personal account funds, failing to timely make a claim within the statute of limitations and assuming cases where they aren't competent, failing to conduct a conflict check, and not staying up to date with court proceedings or new developments in law that could impact the case. Lawyers are required to communicate with their clients in a timely manner. This doesn't just mean email and faxes, but also the ability to return phone calls promptly.
It is also possible for attorneys to commit fraud. This can happen in a variety of ways, such as lying to the client or to anyone else involved in the case. In this case, it is important to have the facts in the hands of the investigator to determine if the lawyer was being deceitful. A breach of the agreement between the attorney and client is when an attorney decides to take a case outside their area of expertise without informing the client or suggesting they seek independent counsel.
Inability to advise
If a client engages an attorney, it means they have reached the point at which their legal situation is beyond their capabilities and experience and that they are no longer able to resolve it on their own. The lawyer is required to inform clients of the benefits of the case, the risks and costs involved, as well as their rights. If an attorney does not do this, they could be guilty of malpractice.
Many legal
malpractice lawsuits claims arise because of poor communication between attorneys, and their clients. For instance, an attorney might not return phone calls or fail to inform their clients of a decision taken on their behalf. An attorney might also neglect to provide important information regarding 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 negligence of the lawyer. These losses must be documented, which will require evidence such as files of the client, emails and other correspondence between the attorney and the client, and bills. In the case of fraud or theft an expert witness might be required to review the case.
Failure to Follow the Law
Attorneys are obligated to follow the law and comprehend the way it is applied in particular situations. They could be found guilty of malpractice when they fail to do so. Examples include commingling client funds with their own or using settlement proceeds to pay personal expenses, or failing to exercise basic due diligence.
Other instances of legal malpractice include failure to file a lawsuit within the statute of limitations and not filing the suit by the deadlines set by the court and not complying with the Rules of Professional Conduct. Attorneys are also obligated to disclose any conflicts of interest. They must inform clients of any personal or financial interest that could influence their judgement when representing them.
Finally, attorneys are obligated to follow instructions from their clients. Attorneys are required to follow the directions of clients unless it is obvious that the action would not be beneficial.
To win a
malpractice lawsuit the plaintiff must demonstrate that the lawyer did not fulfill his duty of care. This can be difficult, as it requires showing that the defendant's actions or negligence caused damages. It is not enough to show that the attorney's negligence caused a bad result. A malpractice claim must also prove that there was a high chance that the plaintiff's claim could have been settled if the defendant had followed the standard procedure.