How to Sue Your Attorney for Malpractice
To bring a lawsuit against an attorney for negligence, you need to prove that the breach of duty resulted in negative financial, legal or other repercussions for you. It's not enough to prove the negligence of your attorney was injurious; you must also show an unambiguous link between the breach and the undesirable outcome.
Legal
malpractice law firms does not include issues of strategy. If you lose a lawsuit because your lawyer was not able to file the lawsuit within the timeframe, this could be an act of malpractice.
The misuse of funds
Fraud in the handling of funds by lawyers is one of the most prevalent kinds of legal malpractice. Lawyers are bound by a fiduciary duty to their clients and must behave with confidence and fidelity when handling funds or other property the client has trusted them with.
When a client makes a payment for their retainer and the lawyer is required by law to deposit the money into an escrow fund that is only utilized for that particular case. If the attorney utilizes the escrow funds for personal reasons or mixes it with their own funds it is in violation of their fiduciary duty and could be accused of legal negligence.
Imagine, for example the scenario where a client hires an attorney to represent him in a suit filed against a driver who hit them as they crossed the street. The client can prove that the driver was negligent and is able to demonstrate that the collision caused their injuries. The lawyer, however, misses the statute and is unable to file the case on time. The lawsuit is dismissed, and the victim is financially harmed because of the lawyer's mistake.
The time frame for suing an attorney for negligence is governed by a statute of limitations which can be difficult to determine in cases where an injury or loss resulted from the attorney's negligence. A reputable New York attorney with experience in the field of malpractice law will be able to explain the statute of limitations to you and help you determine if your situation is a good fit for a legal
malpractice lawyer lawsuit.
Failure to follow the rules of professional conduct
Legal malpractice occurs when an attorney fails to follow generally accepted professional standards, and harms the client. It is required to meet the four components of most torts: an attorney-client relationship and a duty, breach and proximate cause.
Some examples of malpractice are a lawyer mixing their personal and trust funds, failing to file suit within statutes of limitations, taking cases in which they are not competent, not conducting an effective conflict check, and not being up-to the latest court proceedings or any recent developments in law that could affect the case. Lawyers are required to communicate with their clients in a reasonable manner. This does not only include email or fax and includes also returning phone calls promptly.
Attorneys can also commit fraud. This can occur in a variety of ways, such as lying to the client or to anyone else involved in the case. It is essential to learn the facts in order to determine if the lawyer was untruthful. A breach of the attorney-client agreement occurs when an attorney takes an issue that is not within their area of expertise without informing the client about it or informing them to seek out independent counsel.
Failure to provide advice
If a client engages an attorney, this means they've reached a stage where their legal problem is beyond their expertise and experience and they are no longer able to resolve it by themselves. The lawyer's job is to inform clients of the advantages of a case in addition to the costs and risk involved, as well as their rights. If a lawyer fails to do so may be found guilty.
Many legal malpractice claims are the result of poor communication between attorneys and their clients. Attorneys may not respond to the phone or fail inform their clients of a particular decision that they have made on their behalf. Attorneys may also fail to disclose important information about the case or fail to reveal any problems that may arise from transactions.
A client can sue an attorney if they've suffered financial losses due to the lawyer's negligence. These losses should be documented. This requires evidence, such as client files and emails or any other correspondence between an attorney and a client as well as invoices. In cases of fraud or theft an expert witness could be required to review the case.
Failure to Follow the Law
Attorneys are required to follow the law and know the way it is applied in particular situations. They could be found guilty of misconduct if they do not. Examples include mixing client funds with their own using settlement proceeds to pay for personal expenses, and not doing basic due diligence.
Another example of legal malpractice includes failure to file a lawsuit within the statute of limitations, missing deadlines for filing with the court or not adhering to the Rules of Professional Conduct. Attorneys are also obligated to disclose any conflicts of conflicts of interest. This means they must inform clients of any financial or personal concerns that could impact their judgment when representing them.
Attorneys must also adhere to the instructions of their clients. If a client directs them to take a specific action an attorney must follow the instructions, unless there's any reason that suggests it would not be beneficial or possible.
To win a
malpractice lawsuit the plaintiff must show that the lawyer acted in violation of his duty of care. This isn't easy, because it requires proving that the defendant's actions or inaction resulted in damages. It's not enough to show that the result of the attorney's negligence was negative; for a malpractice claim to be successful, it must be demonstrated that there's a high likelihood that the plaintiff would have won their case when the defendant had acted in accordance with the usual procedure.