How to Sue Your Attorney for
malpractice law firmsIf you wish to sue your attorney over 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 incompetence and the negative outcome.
Legal
malpractice Lawyers does not include matters of strategy. However, if you lose a case because your lawyer failed to file the lawsuit within the timeframe this could be considered an act of malpractice.
The misuse of funds
Misuse of funds by a lawyer is one of the most frequent forms of legal fraud. Attorneys are required to fulfill a fiduciary duty to their clients, and must act with trust and fidelity when handling funds or other assets that the client has given them.
When a client pays their retainer and the lawyer is required by law to put that money into an escrow fund that is only utilized for that particular case. If the attorney utilizes the escrow funds for personal use or co-mingles it with their own funds and funds, they are in breach of their fiduciary responsibilities and could be accused of legal misconduct.
Imagine, for instance, that a client hires an attorney to represent them in an action against a motorist who hit them as they were crossing the street. The client has the ability to prove driver's negligence as well as that the accident caused their injuries. The lawyer, however, misses the statute and is unable to file the case on time. Therefore, the case is dismissed and the party who was injured suffers financial loss because of the lawyer's error.
The time limit to sue an attorney for negligence is governed by a statute of limitation which can be a challenge to determine in cases where an injury or loss occurred as the result of the attorney's negligence. A New York attorney who is skilled in malpractice law will be able to explain the statute of limitations and assist you in determining if you have a case which is suitable for an action.
Failure to adhere to the rules of professional conduct
Legal malpractice occurs when a lawyer fails to adhere to generally accepted professional standards and causes harm to the client. It entails the same four elements as the majority of torts: an attorney-client relationship as well as a duty, breach, and proximate causation.
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 in which they're not competent, failing to carry out a conflict check and not being up-to current on court proceedings or any other developments in law that could impact the case. Lawyers must communicate with their clients in a timely manner. This is not limited to email and faxes, but also returning telephone calls promptly.
It is also possible for attorneys to engage in fraud. It can be done by lying to the client, or any other person who is involved in the case. In this instance it is imperative to have all the facts at your possession to determine if the attorney was being untruthful. It is also a breach of the attorney-client contract when an attorney accepts cases that are outside of their expertise and does not inform the client of this or recommend seeking separate counsel.
Inability to advise
If a client decides to hire an attorney, it means they've reached a point where their legal situation is beyond their own skill and experience and that they are unable to solve it by themselves. Lawyers are required to inform clients about the benefits of the case, the potential risks and costs involved, as well as their rights. Lawyers who fail to do this could be held accountable.
Many legal malpractice claims result from a lack of communication between lawyers and their clients. Attorneys may not respond to phone calls or fail to inform their clients about a specific decision that they have made on their behalf. Attorneys may also fail to disclose important information about a case or fail to disclose known problems with a transaction.
It is possible to sue an attorney for negligence, however, a client must prove that they have were able to recover financial losses as a result of the lawyer's negligence. These losses should be documented. This requires evidence, like client files and emails, or any other correspondence between an attorney and a customer, as well bills. In the case of fraud or theft An expert witness could be required to look into the case.
Inability to Follow the Law
Attorneys must be in compliance with the law and know the law's implications for specific situations. If they don't or don't, they could be accused of misconduct. Examples include mixing funds from clients with their own using settlement proceeds to pay for personal expenses and failing to exercise basic due diligence.
Another instance of legal misconduct includes failure to file a lawsuit within the statute of limitations, failing to meet court filing deadlines, and not following the Rules of Professional Conduct. Attorneys must declare any conflicts of interest. This means they must inform clients of any personal or financial interests that might affect their judgment in representing them.
Attorneys are also required to abide by the instructions of their clients. Attorneys must follow the instructions of clients unless it is clear that the act will not be beneficial.
To win a malpractice lawsuit the plaintiff must demonstrate that the lawyer did not fulfill his duty of care. It can be difficult to prove that the defendant's inaction or actions caused damage. It is not enough to show that the attorney's negligence resulted in a bad outcome. A malpractice claim must prove that there was a substantial probability that the plaintiff's case could have been won had the defendant had followed the standard procedure.