How to Sue Your Attorney for Malpractice
To bring a lawsuit against an attorney for malpractice, you have to show that the breach of duty caused financial, legal or other implications for you. You must show that there was a direct link between your attorney's negligence and the negative outcome.
Legal malpractice does not cover matters of strategy. If you lose a lawsuit because your lawyer did not file the lawsuit on time This could be considered to be malpractice.
Inappropriate use of funds
The misuse of funds by lawyers is one of the most common kinds of legal
malpractice lawsuits. Lawyers are legally bound by a fiduciary responsibility to their clients and must behave with confidence and fidelity when handling funds or other assets that the client has given them.
When a client pays their retainer the lawyer is obligated by law to put that money into an escrow fund that is only intended for the specific case. If the lawyer uses the escrow fund to pursue personal goals or mix it with their own funds and funds, they are in breach of their fiduciary obligations and could be accused of legal negligence.
For example, imagine that a client hires their attorney to represent them in an action against a driver who hit them while they were walking across the street. The client can prove the driver's negligence, and that the collision resulted in the injuries they sustained. However, their lawyer is not aware of the deadline and is in a position to file the lawsuit within the timeframe. The lawsuit is dismissed, and the injured party suffers financial losses as a result of the lawyer's error.
A statute of limitations limits the time that you can bring a lawsuit against a lawyer for malpractice. This can be difficult to calculate when an injury or loss is caused by negligence of the lawyer. A licensed New York attorney with experience in malpractice law can explain the statute of limitations to you and assist you to determine if your situation is a suitable candidate for a legal malpractice lawsuit.
Inability to follow the Rules of Professional Conduct
Legal malpractice is when a lawyer does not adhere to generally accepted professional standards and results in harm to the client. It requires the same four elements as the majority of torts, which are an attorney-client relationship, a duty, a breach, and proximate causation.
A few common examples of malpractice include a lawyer mixing trust and personal account funds, failing in time to file suit within the timeframe of the statute of limitations, taking on cases in which they aren't competent, not conducting a conflict check, and not keeping up to date with court proceedings or new developments in the law that may affect the case. Lawyers also have a duty to communicate with clients in a fair manner. This doesn't only apply to email and fax as well as answering phone calls in a timely manner.
Attorneys are also able to commit fraud. This can be done by lying to the client, or to anyone else involved in the case. It is essential to understand the facts in order to determine if the attorney is deceitful. A violation of the attorney-client agreement occurs when an attorney is able to handle cases outside their expertise without informing the client about it or advising them to seek independent counsel.
Inability to advise
When a client engages an attorney, it implies that their legal issue has exceeded their skills and experience. They are unable solve the issue themselves. It is the attorney's responsibility to inform clients of the benefits of a case as well as the risks and costs associated with it, and their rights. If an attorney fails to do this, they may be guilty of malpractice.
Many legal malpractice claims result from poor communication between attorneys and their clients. Attorneys may not respond to phone calls or fail to inform their clients of a specific decision taken on their behalf. An attorney could not also communicate vital details regarding a particular case, or fail to reveal any issues with an transaction.
It is possible to sue an attorney for negligence, however, a client must show that they suffered real financial losses because of the lawyer's negligence. The losses must be documented, which requires documents such as client files emails, correspondence between the attorney and the client, as well as bills. In the event of fraud, or theft an expert witness might be required to look into the case.
Inability to Follow the Law
Attorneys are required to follow the law and comprehend the laws that apply to specific situations. They could be found guilty of misconduct when they fail to do so. Examples include mixing client funds with their own and using settlement proceeds to pay for personal expenses and not performing basic due diligence.
Other instances of legal
Malpractice lawyers include failing to file a lawsuit within the time limit, missing court filing deadlines and not adhering to the Rules of Professional Conduct. Attorneys are also required to disclose any significant conflicts of conflicts of interest. They must disclose to clients any financial or personal interest that could influence their judgement when representing them.
In addition, attorneys are required to follow instructions from their clients. Attorneys are required to follow the directions of clients unless it is obvious that the decision is not beneficial.
In order to win a malpractice suit the plaintiff must show that the lawyer breached their duty of care. It can be difficult to prove that the defendant's lapses or actions resulted in damage. It's not enough to prove that the result of the negligence of the attorney was detrimental and for a malpractice case to succeed, it needs to be shown that there is a high likelihood that the plaintiff could have won the case if the defendant had followed standard practice.