How to Sue Your Attorney for Malpractice
To sue your attorney for malpractice, you must prove that their breach of duty caused
legal, monetary or other negative effects for you. It is not enough to demonstrate that the attorney's negligence was negligent but you must also prove an immediate link between the breach and the unfavorable outcome.
The nuances of strategy don't count as legal malpractice however, if your lawyer fails to file a lawsuit on time and you lose the case, it could be a case of malpractice.
Fraud in the use of funds
Misuse of funds by lawyers is one of the most prevalent kinds of legal fraud. Lawyers are legally bound by a fiduciary responsibility to their clients and must behave with trust and fidelity when handling funds or other assets that the client has entrusted them with.
When a client makes a payment for their retainer and the lawyer is required by law to put that money in a separate escrow account that is exclusively utilized for that particular case. If the attorney mixes the escrow account with their own personal funds or makes use of it for any other purpose this is a blatant violation of fiduciary duty and could result in legal malpractice.
Imagine, for instance, that a customer hires their attorney to represent them in a lawsuit against a driver who hit them as they were crossing the street. The client could prove the driver's negligence and the collision resulted in the injuries they sustained. But, their lawyer violates the statute of limitations and is not able to file the case within time. The lawsuit is dismissed, and the party who was injured suffers a financial loss because of the lawyer's error.
The statute of limitations restricts the time it takes to claim a lawyer's negligence. It can be a challenge to determine if the loss or injury was caused by the negligence of an attorney. A New York attorney who is skilled in malpractice law can explain the statute of limitation and help you decide if you have a case which is suitable for a lawsuit.
Failure to follow the Rules of Professional Conduct
Legal malpractice occurs when an attorney fails to follow generally accepted professional standards, and harms the client. It requires the four elements of most torts: an attorney-client relation the breach of a duty and the proximate cause.
Some typical examples of malpractice include a lawyer mixing trust and personal account funds, failing to timely bring suit within the timeframe of the statute of limitations and taking on cases where they aren't competent, not performing a proper conflict check, as well as not keeping up to date with court proceedings or any new developments in the law that could affect the case. Lawyers also have a responsibility to communicate with clients in a reasonable way. This includes not just the use of faxes and email, but also resolving telephone calls promptly.
Attorneys are also able to commit fraud. It can be done in a variety of ways, such as lying to the client or anyone involved in a case. It is essential to understand the facts to determine if the attorney is dishonest. It's also a violation of the contract between attorney and client if an attorney accepts an issue that is outside of their expertise and does not inform the client of this or suggest they seek out separate counsel.
Failure to provide advice
When a client hires an attorney, it indicates that they've reached a point where their legal situation is beyond their expertise and experience and they are no longer able to resolve it by themselves. The lawyer is obliged to inform clients about the benefits of the case, the potential risks and costs involved, and their rights. If a lawyer fails to perform this, they could be found guilty of malpractice.
Many legal malpractice cases result from a lack of communication between attorneys and their clients. For example an attorney may not return calls or fail to notify their clients of a decision they made on their behalf. An attorney might also not communicate important details regarding a particular case, or fail to disclose known problems with an transaction.
It is possible to sue an attorney for negligence, however, a client must prove they suffered financial losses as a result of the negligence of the lawyer. These losses must be documented. This requires evidence, such as email and client files, or any other correspondence between an attorney and a client, as well bills. In cases of fraud or theft, an expert witness may be needed to investigate the case.
Failure to Follow the Law
Attorneys must be in compliance with the law and know what it means in specific circumstances. If they don't or don't, they could be accused of misconduct. Examples include combining client funds with their own, or using settlement proceeds to pay personal expenses, or not performing basic due diligence.
Other examples of legal malpractice include failure to file a suit within the statute of limitations and not filing the suit by the deadlines set by the court and not adhering to the Rules of Professional Conduct. Attorneys must disclose any conflicts of interest. This means that they have to inform clients of any financial or personal interest that could influence their judgment in representing them.
Attorneys must also follow the instructions of their clients. Attorneys must follow instructions from clients, unless it is clear that the act will not be beneficial.
In order to win a
malpractice lawsuit the plaintiff must demonstrate that the lawyer breached their duty of care. This can be difficult since it requires proof that the defendant's actions or negligence caused damages. It isn't enough to prove that the attorney's error caused a negative outcome. A malpractice claim must prove that there was a substantial likelihood that the plaintiff's lawsuit would have been successful if the defendant followed standard practices.