How to Sue Your Attorney for Malpractice
To sue your attorney on charges of negligence, you must show that the breach of duty resulted in legal, monetary or other negative outcomes for you. You must show an immediate connection between the attorney's negligence and the negative results.
Legal malpractice does not include issues of strategy. However, if you lose a case because your lawyer was not able to file the lawsuit within the timeframe This could be considered to be the result of malpractice.
Inappropriate use of funds
One of the most prevalent kinds of legal malpractices is the misuse of funds by lawyers. Attorneys are bound by a fiduciary duty to their clients, and must act with trust and fidelity when handling money or other property the client has given them.
If a client is required to pay their retainer and the lawyer is required by law to keep that money in a separate escrow fund that is only specifically used for the particular case. If the attorney uses the escrow fund for personal reasons or mixes it with their own funds the attorney is in breach of their fiduciary duties and could be charged with legal negligence.
Imagine, for instance that a client hires an attorney to represent him in a lawsuit filed against a driver who was struck by them as they crossed the street. The client can prove that the driver was negligent and could prove that the accident caused their injuries. However, their lawyer fails to comply with the statute of limitations and is incapable of bringing the case within time. The lawsuit is dismissed and the victim suffers a financial loss because of the lawyer's mistake.
A statute of limitation limits the time you have to claim a lawyer's negligence. This can be difficult to determine when the loss or injury was caused by negligence of the lawyer. A New York attorney who is skilled in
malpractice lawsuits law can explain the statute of limitations and assist you in determining whether you have a case that qualifies for a lawsuit.
Disobedience to the Rules of Professional Conduct
Legal malpractice occurs the case when a lawyer doesn't adhere to generally accepted professional standards and causes harm to the client. It requires the four elements of the most common torts: an attorney-client relation, a duty, breach and proximate cause.
A few examples of malpractice include a lawyer mixing their personal and trust funds, failing timely to file suit within statutes of limitations, taking cases in which they're not competent, failing to carry out an effective conflict check, and not keeping up to the latest court proceedings, or any new developments in law that could impact the case. Lawyers also have a responsibility to communicate with clients in a reasonable manner. This is not limited to email and faxes but also resolving telephone calls promptly.
It is also possible for lawyers to commit fraud. It can be done in various ways, which includes lying to the client or anyone else involved in the case. In this instance it is imperative to have the facts in the hands of the investigator to determine if the lawyer was untruthful. A breach of the attorney-client agreement occurs when an attorney takes a case outside their expertise without informing the client or soliciting independent counsel.
Failure to provide advice
When a client hires a lawyer, it signifies that their legal issue has become beyond their knowledge and knowledge. They are unable to resolve it themselves. It is the lawyer's duty to inform clients about the merits of a case along with the costs and risks associated with it, and their rights. If a lawyer fails to do so may be found guilty.
Many legal
malpractice lawyer claims result due to poor communication between attorneys and their clients. For example an attorney may not answer phone calls or fail to notify their clients of a decision taken on their behalf. An attorney may not be able to communicate crucial details regarding a particular case, or fail to inform clients of issues with transactions.
It is possible to claim a lawyer's negligence, however, a client must prove that they have suffered financial losses as a result of the negligence of their lawyer. The losses must be documented, which requires evidence such as files of the client emails, correspondence between the lawyer and the client, along with bills. In cases involving theft or fraud it could also be required to get an expert witness to look into the case.
Inability to Follow the Law
Attorneys must adhere to the law and be aware of the law's implications for specific circumstances. They could be found guilty of misconduct when they fail to do so. Examples include mixing client funds 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 statute of limitations, missing court filing deadlines and not observing the Rules of Professional Conduct. Attorneys are also obligated to disclose any conflict of interest. This means they must inform clients of any financial or personal interests that could affect their judgment when representing them.
Attorneys are also required to follow the instructions of their clients. Attorneys must follow the instructions of clients unless it is obvious that the actions will not be beneficial.
In order to win a malpractice suit, 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 lapses or actions caused harm. It is not enough to prove that the attorney's error resulted in a bad outcome. A malpractice claim must prove that there was a significant likelihood that the plaintiff's case could have been won had the defendant followed standard practices.