How to Sue Your Attorney for Malpractice
To sue your attorney for
malpractice attorney, you must prove that their negligence caused financial, legal or other negative effects for you. You must prove a direct connection between the attorney's negligence and the negative outcome.
Strategies do not constitute legal malpractice, but when your lawyer fails to file a lawsuit in time and you lose the case, it could be a case of
malpractice attorney.
Fraud in the use of funds
One of the most frequent types of legal malpractice involves the misuse by a lawyer of funds. Attorneys are legally bound by a fiduciary responsibility to their clients and must act with trust and fidelity when handling money or other property that the client has entrusted them with.
When a client pays retainer to their lawyer, the attorney is required to place the money in a separate escrow account specifically designated for the specific purpose of the case only. If the attorney mixes the escrow account with personal funds or utilizes it for other purposes it is a clear breach of fiduciary duty, and could be considered legal fraud.
Imagine, for example the scenario where a client hires an attorney to represent him in a suit filed against a driver who was struck by them as they crossed the street. The client is able to prove that the driver was negligent and can 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 within time. The lawsuit is dismissed, and the person who was injured is financially harmed because of the lawyer's mistake.
The time limit to sue an attorney for negligence is governed by a statute that limits the time for suing which can be difficult to calculate in a case where a loss or injury was the result of the attorney's negligence. A New York attorney who is experienced in malpractice law can explain the statute of limitations and help you determine if you have a case which is suitable for an action.
Failure to follow the Rules of Professional Conduct
Legal malpractice is when an attorney does not adhere to generally accepted professional standards, and harms the client. It entails the same four elements of most torts, which are an attorney-client relationship as well as a duty, breach, and proximate cause.
Some typical examples of malpractice include a lawyer who has a personal and trust account funds, failing in time to make a claim within the timeframe of the statute of limitations or taking on cases where they are not competent, not conducting a conflict-check, and not being up-to-date on court proceedings or new developments in the law that may affect the case. Lawyers are required to communicate with their clients in a fair and reasonable manner. This isn't just limited to email and faxing, but also includes returning telephone calls in a timely manner.
It is also possible for lawyers to commit fraud. This can happen in various ways, including lying to the client or anyone involved in a case. In this case it is imperative to have the facts in your possession to determine if the attorney was deceitful. A breach of the attorney-client agreement occurs when an attorney handles cases outside their area of expertise without advising the client or advising them to seek independent counsel.
Inability to provide advice
When a client employs an attorney, this means they've reached the stage where their legal issue is beyond their expertise and experience, and they are no longer able to resolve it by themselves. The lawyer is obliged to inform clients of the importance of the case, the potential risks and costs involved, and their rights. If a lawyer fails to perform this, they could be guilty of malpractice.
Many legal malpractice claims stem due to poor communication between attorneys and their clients. Attorneys may not respond to calls or fail to inform their clients of a certain decision made in their behalf. Attorneys may also not communicate important details about a case or fail to inform clients of issues in an transaction.
It is possible to sue an attorney for negligence, however, a client must prove they suffered real financial losses because due to the negligence of the attorney. These losses should be documented. This requires evidence, like email files and client files, or other correspondence between an attorney and client, as well bills. In cases involving fraud or theft It may be required to be able to have an expert witness review the case.
Inability to Follow the Law
Attorneys are bound by the law and know the way it is applied in particular situations. If they fail to do so and they don't, they could be found guilty of malpractice [
trueandfalse.info]. Examples include combining client funds with their own, or using settlement proceeds to pay personal expenses, and failing to perform basic due diligence.
Other examples of legal misconduct include failure to file a lawsuit within the time limit or missing deadlines for filing with the court and not complying with the Rules of Professional Conduct. Attorneys must disclose any conflicts of interests. This means that they have to inform clients of any financial or personal interest that could influence their judgment in representing them.
Attorneys are also required to comply with the directions of their clients. Attorneys must follow instructions from clients, unless it is clear that the actions is not beneficial.
To prevail in a malpractice lawsuit, the plaintiff has to prove that the lawyer violated his duty of care. This can be difficult since it requires proving the defendant's actions, or inaction, caused damages. It's not enough to prove that the result of the attorney's negligence was negative; for a malpractice claim to be successful, it must be proved that there is an extremely high chance that the plaintiff would have won their case in the event that the defendant had followed the standard procedure.