How to Sue Your Attorney for Malpractice
If you wish to sue your attorney over malpractice, you have to prove that the breach of duty led to financial, legal or other negative consequences for you. It is not enough to prove that the attorney's negligence was negligent but you must also prove an immediate link between the breach and the unfavorable outcome.
Legal malpractice doesn't include matters of strategy. If you lose a case because your lawyer did not file the lawsuit on time This could be considered to be an act of
malpractice lawsuits.
Use of funds in a fraudulent way
One of the most prevalent types of legal malpractice is the misuse by a lawyer of funds. Attorneys have a fiduciary relationship with their clients and are required to behave with a high degree of trust and fidelity, especially when handling funds or other property that the client has given to them.
When a client is required to pay retainer to their lawyer, the lawyer is required to deposit that money into a separate escrow account that is designated for that case's purpose only. If the attorney mixes the account with personal funds or makes use of it for other purposes, this is a clear breach of fiduciary duty, and could result in legal misconduct.
For example, imagine that a client hires their attorney to represent them in the case of a driver who struck them as they were walking along the street. The client is able to prove that the driver was negligent and could prove that the collision caused their injuries. However, their lawyer fails to comply with the statute of limitations and is not able to file the case in time. The lawsuit is dismissed and the person who was injured suffers a financial loss because of the lawyer's mistake.
The time for suing an attorney for malpractice is limited by a statute of limitation that can be difficult to determine in a situation where a loss or injury resulted from the attorney's negligence. A New York attorney who is experienced in malpractice law can explain the statute of limitations and help you decide if you have a case that is eligible for a lawsuit.
Inability to follow the Rules of Professional Conduct
Legal malpractice is when an attorney fails to adhere to generally accepted professional standards, and harms the client. It requires the four elements of the most common torts: an attorney-client relation, a duty, breach and the proximate cause.
A few examples of malpractice include the lawyer combining their personal and trust funds, failing timely to file a suit within the statute of limitations, pursuing cases where they are not competent, failing to carry out an effective conflict check, and not being up-to the current court proceedings or any recent legal developments that could affect the case. Lawyers are also required to communicate with clients in a fair manner. This isn't just limited to email or fax and includes also returning phone calls promptly.
It is also possible for attorneys to commit fraud. It can be done in various ways, including lying to the client or anyone involved in a case. It is crucial to know the facts in order to determine if the attorney is insincere. A violation of the attorney-client agreement occurs when an attorney handles cases outside their area of expertise without informing the client of this or soliciting independent counsel.
Inability to advise
When a client employs a lawyer, it signifies that their legal issues have been beyond their expertise and knowledge. They are unable solve the issue on their own. It is the attorney's responsibility to inform clients about the merits of a case, the costs and risks involved and their rights. If a lawyer fails to perform this, they could be found guilty of malpractice.
Many legal malpractice claims result due to poor communication between attorneys and their clients. For example an attorney may not respond to phone calls or fail to inform their clients of a decision they made on their behalf. A lawyer may also fail to communicate important details about the case or fail identify any issues with a transaction.
A client can sue an attorney if they've suffered financial losses as a result of the negligence of the lawyer. The losses should be documented. This requires evidence, like client files and emails, or any other correspondence between an attorney and a customer, as well as invoices. In the case of theft or fraud it could also be required to be able to have an expert witness review the case.
Inability to Follow the Law
Attorneys must be in compliance with the law and know what it means in specific circumstances. They could be found guilty of misconduct when they fail to do so. Examples include mixing client funds with their own using settlement proceeds to pay for personal expenses and failing to exercise basic due diligence.
Another instance of legal misconduct includes the failure to file a lawsuit within the statute of limitations, failing to meet court filing deadlines and not observing the Rules of Professional Conduct. Attorneys must declare any conflicts of interest. They must inform clients of any financial or personal interests that might affect their judgment when representing them.
Finally, attorneys are obligated to follow the instructions of their clients. Attorneys must follow instructions from clients unless it is clear that the decision will not be beneficial.
To win a malpractice lawsuit (
see it here), the plaintiff has to demonstrate that the lawyer did not fulfill his duty of care. This isn't easy, because it requires proving that the defendant's actions or inaction caused damages. It is not enough to prove that the attorney's error led to a poor outcome. A malpractice claim must prove that there was a high likelihood that the plaintiff's lawsuit could have been settled if the defendant had followed normal procedures.