How to Sue Your Attorney for Malpractice
To claim a lawyer's malpractice, it is necessary to show that the breach caused financial, legal or other consequences for you. You must prove that there was a direct link between your attorney's negligence and the negative results.
The nuances of strategy don't count as legal malpractice but if your lawyer does not file a lawsuit on time and you lose the case it could be a case of malpractice.
The misuse of funds
One of the most popular types of legal malpractice involves the misuse of funds by lawyers. Lawyers have a fiduciary connection with their clients and are required to behave with the highest degree of trust and fidelity, especially when handling money or other property that the client has left to them.
If a client pays their retainer, the lawyer is required by law to put that money in a separate escrow fund that is only intended for the specific case. If the attorney mixes the escrow account with personal funds, or uses it for other purposes it is a clear breach of fiduciary responsibility and could be considered legal negligence.
Imagine, for example the scenario where a client hires an attorney to represent him in a lawsuit against a motorist whose car was struck by them as they crossed the street. The client has the ability to prove driver's negligence and the accident led to their injuries. Their lawyer, however, does not follow the law and is not able to file the case on time. The lawsuit is dismissed, and the injured party is financially harmed because of the lawyer's mistake.
The time for suing an attorney for malpractice is limited by a statute-of-limitations which can be difficult to calculate in a case where an injury or loss resulted from the negligence of the attorney. A New York attorney who is skilled in malpractice law will be able to explain the statute of limitations and help you decide if you have a case which is suitable for an action.
Failure to follow the Rules of Professional Conduct
Legal
west palm beach malpractice law firm occurs when an attorney fails to 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 the breach of a duty and the proximate cause.
Some examples of
guadalupe malpractice lawsuit are lawyers who mix personal and trust funds, failing timely to file a suit within the time limits, taking cases in which they are not competent, failing to perform a conflict check and not being up-to the current court proceedings or any recent legal developments that could impact the case. Lawyers are also required to communicate with clients in a fair manner. This isn't just limited to email and faxing and includes also answering phone calls in a timely manner.
Attorneys can also commit fraud. It can be done in various ways, which includes lying to the client or to anyone else involved in the case. In this scenario it is imperative to have the facts in your possession to determine if the lawyer was deceitful. A breach of the agreement between the attorney and client occurs when an attorney is able to handle an issue that is not within their expertise without informing the client or soliciting independent counsel.
Failure to Advise
When a client hires a lawyer, it signifies that their legal issues have exceeded their skills and knowledge. They are unable to resolve it by themselves. Lawyers are required to inform clients about the merits of the case, the risks and costs involved, and their rights. A lawyer who fails to do this may be found guilty.
Many legal malpractice claims stem from poor communication between attorneys and their clients. For example an attorney may not answer phone calls or fail to inform their clients of a decision they made on their behalf. An attorney may also fail to communicate important details regarding a particular case, or fail to reveal any problems with transactions.
It is possible to bring a lawsuit against an attorney for malpractice, but a client must show that they were able to recover financial losses as a result of the negligence of their lawyer. The losses must be documented, which requires documents such as client files emails, correspondence between the lawyer and the client, as well bills. In cases of fraud or theft an expert witness might be required to examine the case.
Failure to Follow the Law
Attorneys must abide by the law and know what it means for specific situations. They could be found guilty of malpractice 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.
Another example of legal malpractice includes the failure to file a lawsuit within the statute of limitations, failing to meet deadlines for filing court documents and not adhering to the Rules of Professional Conduct. Attorneys are also obligated to disclose any significant conflicts of conflicts of interest. They must disclose to clients any financial or personal interest that could affect their judgment when representing them.
Attorneys must also adhere to the instructions of their clients. If a client directs them to take particular action the attorney must comply with those instructions unless there is an obvious reason that it would not be beneficial or feasible.
In order to prevail in a malpractice case the plaintiff must prove that the lawyer has violated his duty of care. This isn't easy, because it requires proving that the defendant's actions or inaction resulted in damages. It isn't enough to prove that the attorney's error led to a poor outcome. A malpractice claim must also show that there was a high likelihood that the plaintiff's case could have been won had the defendant followed standard practices.