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How to Sue Your Attorney for Malpractice

To sue your attorney on charges of malpractice, you must prove that the breach of duty led to financial, legal or other negative consequences for you. You must demonstrate an immediate connection between the attorney's negligence and the negative results.

Legal malpractice does not cover issues of strategy. If you lose a case due to your lawyer failed to file the lawsuit within the timeframe, this could be negligence.

The misuse of funds

One of the most prevalent kinds of legal malpractice is the misuse of funds by a lawyer. Lawyers have a fiduciary obligation with their clients and are required to behave with a high degree of trust and fidelity, particularly when dealing with money or other property that the client has left to them.

If a client is required to pay their retainer the lawyer is obligated by law to keep that money in a separate escrow account that is exclusively intended for the specific case. If the attorney combines the escrow account with personal funds or makes use of it for any other purpose it is a clear breach of fiduciary responsibility and could be considered legal misconduct.

Imagine, for instance the scenario where a client hires an attorney to represent the client in a lawsuit filed against a driver whose vehicle struck them when they crossed the street. The client is able to prove that the driver was negligent and can prove that the accident caused their injuries. However, their lawyer is not aware of the deadline and is unable to file the case in time. The lawsuit is dismissed and the party who was injured is liable for financial loss as a result of the lawyer's error.

The statute of limitations restricts the time you have to claim a lawyer's negligence. It can be difficult to determine if the loss or injury was caused by negligence of the lawyer. A competent New York attorney with experience in the field of malpractice law can explain the time limit to you and help determine if your situation is a suitable candidate for a legal malpractice lawsuits suit.

Failure to Follow the Rules of Professional Conduct

Legal malpractice is when a lawyer fails follow generally accepted professional standards and results in harm to the client. It is the result of four elements of most torts: an attorney-client relation and a duty, breach and proximate cause.

Some common instances of malpractice include commingling their personal and trust account funds, failing in time to file a lawsuit within the statute of limitations and taking on cases where they are not competent, not conducting a conflict check, and not being up-to-date with court proceedings or other developments in law that could affect the case. Lawyers also have a responsibility to communicate with clients in a reasonable way. This doesn't only apply to email or fax, but also includes returning telephone calls promptly.

Attorneys can also commit fraud. This can be done by lying to the client or to anyone else involved in the investigation. In this situation it is imperative to have the facts on the hands of the investigator to determine if the lawyer was dishonest. It also constitutes a breach of the attorney-client contract when an attorney decides to take on an issue that is outside of their area of expertise and does not inform the client about this or advise them to seek separate counsel.

Inability to advise

When a client hires a lawyer, it means that their legal issue has become beyond their skill and experience. They are unable to solve the problem on their own. The lawyer has a duty to inform clients of the benefits 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 lawsuits claims stem from of poor communication between attorneys and their clients. A lawyer may not answer a phone call or fail to inform their clients of a certain decision made in their behalf. An attorney might also neglect to provide important information regarding a case or fail to reveal any problems that may arise from transactions.

A client may sue an attorney if they've suffered financial losses as a result of the negligence of the lawyer. These losses must be documented, which will require evidence like client files emails, correspondence between the lawyer and the client, and bills. In the case of theft or fraud it could also be necessary to have an expert witness examine the case.

Inability to Follow the Law

Attorneys are obligated to follow the law and understand the law's implications in particular situations. They could be found guilty of malpractice if they do not. Examples include mixing client funds with their own using settlement proceeds to pay for personal expenses and failing to exercise basic due diligence.

Another example of legal malpractice includes the failure to file an action within the statute of limitations, failing to meet court filing deadlines and not observing the Rules of Professional Conduct. Attorneys must also disclose any conflicts of interest. This means they must inform clients of any financial or personal concerns that could impact their decision-making process when representing them.

In addition, attorneys are required to follow the instructions of their clients. Attorneys must follow the instructions of clients unless it is obvious that the decision will not be beneficial.

In order to prevail in a malpractice case the plaintiff must prove that the lawyer has violated his duty of care. It can be challenging to prove that the defendant's inaction or actions caused harm. It's also not enough to show that the result of the negligence of the attorney was bad to be able to prove a malpractice claim. to be successful, it has to be proved that there is a high likelihood that the plaintiff could have won the case should the defendant followed standard practice.