How to Sue Your Attorney for
malpractice law firmsTo pursue an attorney's malpractice, it is necessary to show that the breach of duty had negative legal, financial or other repercussions for you. It's not enough to prove the attorney's negligence was bad and you must prove an immediate link between the breach and the unfavorable outcome.
Legal malpractice does not cover matters of strategy. However, if you lose a case because your lawyer didn't file the lawsuit on time it could be a case of the result of malpractice.
Fraud in the use of funds
One of the most popular kinds of legal malpractice is the misuse of funds by lawyers. Attorneys have a fiduciary relationship with their clients and are expected to behave with the highest degree of trust and fidelity, particularly when handling money or other property that the client has entrusted to them.
If a client is required to pay their retainer and the lawyer is required by law to deposit the money in an funds that are only specifically used for the particular case. If the attorney makes use of the escrow account 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 negligence.
Imagine, for instance, that a client hired an attorney to represent the client in a lawsuit filed against a motorist whose car struck them when they crossed the street. The client is able to prove the driver's negligence as well as that the accident caused the injuries they sustained. Their lawyer fails to comply with the law and is not able to file the case on time. The lawsuit is dismissed and the injured party is liable for financial losses due to the lawyer's error.
The statute of limitations limit the time it takes to claim a lawyer's negligence. It can be difficult to determine if an injury or loss is caused by negligence of the lawyer. A qualified New York attorney with experience in the field of malpractice law will be able to explain the statute of limitations to you and help determine if your case is suitable for a legal
malpractice lawsuit.
Failure 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 has the same four elements as the majority of torts, which are an attorney-client relationship, a duty, a breach, and proximate causation.
Some examples of malpractice are a lawyer commingling their personal and trust account funds, failing in time to file suit within the timeframe set by the statute of limitations, taking on cases in which they aren't competent, not performing a proper conflict check, as well as not staying up to date on court proceedings or new developments in law that could affect the case. Lawyers also have a responsibility to communicate with clients in a reasonable way. This includes not just email and faxes but also the ability to return phone calls promptly.
It is also possible for lawyers to engage in fraud. This can happen in various ways, including lying to the client or to anyone else involved in the case. It is important to know the facts to determine if the lawyer was insincere. It is also a breach of the attorney-client contract if an attorney is assigned an assignment that is not within the scope of their area of expertise and does not inform the client of this or recommend seeking separate counsel.
Failure to provide advice
If a client decides to hire an attorney, it is a sign that they've reached a stage where their legal issue is beyond their own skill or 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. A lawyer who fails to do this could be found guilty.
Many legal malpractice claims arise because of poor communication between lawyers, and their clients. For example attorneys may not return calls or fail to inform their clients of a decision taken on their behalf. A lawyer may also fail to communicate important details about the case or fail divulge any issues with a transaction.
It is possible to sue an attorney for negligence, but a plaintiff must prove they suffered real financial losses because of the negligence of their lawyer. These losses should be documented. This requires evidence, like client files and emails or other correspondence between an attorney and a client, as well as invoices. In cases of fraud or theft, it may also be required to get an expert witness to look into the case.
Inability to Follow the Law
Attorneys are bound by the law and know the law's implications in particular circumstances. They could be found guilty of misconduct if they do not. Examples include combining client funds with their own or using settlement proceeds for personal expenses, or failing to exercise basic due diligence.
Other examples of legal malpractice include failing to file a lawsuit within the statute of limitation and not filing the suit by the deadlines set by the court and not following the Rules of Professional Conduct. Attorneys are also required to disclose any significant conflicts of interests. This means that they have to inform clients of any personal or financial interests that might affect their decision-making process when representing them.
Attorneys must also adhere to the instructions of their clients. Attorneys are required to follow the directions of clients unless it is evident that the actions will not be beneficial.
To win a
malpractice lawsuit the plaintiff must show that the lawyer acted in violation of his duty of care. This can be a challenge, since it requires proof that the defendant's actions, or inaction, caused damages. It's not enough to prove the result of the negligence of the attorney was bad in order for a malpractice claim to be successful, it has to be proved that there is a high likelihood that the plaintiff would have won their case if the defendant had followed the usual procedure.