How to Sue Your Attorney for malpractice law firms

If you want to sue your attorney for malpractice, you must prove that their breach of duty caused financial, legal or other negative consequences for you. It is not enough to show that the negligence of your attorney was injurious; you must also show an immediate link between the breach and the negative outcome.

Strategies do not constitute legal malpractice, however, if your lawyer fails to submit a lawsuit on time and you lose the case, that could be a sign of malpractice.

The misuse of funds

One of the most common types of legal malpractice involves the misuse by a lawyer of funds. Attorneys are bound by a fiduciary obligation to their clients, and must behave with trust and fidelity when handling funds or any other property that the client has trusted them with.

If a client pays a retainer to their attorney, the lawyer is required to put that money into a separate escrow account specifically destined for the purpose of the case only. If the attorney makes use of the escrow account to pursue personal goals or mix it with their own funds it is in violation of their fiduciary duties and could be charged with legal malpractice.

Imagine, for example, that a client hired an attorney to represent him in a suit filed against a driver who struck them while crossing the street. The client has proof that the driver was negligent and can prove 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 injured party is liable for financial loss as a result of the lawyer's error.

A statute of limitation limits the time it takes to pursue a lawyer's malpractice. It can be a challenge to calculate when an injury or loss is caused by negligence of the lawyer. A New York attorney who is proficient in malpractice law will be able to explain the statute of limitations and assist you in determining whether you have a case that qualifies for a lawsuit.

Inability to follow the Rules of Professional Conduct

Legal malpractice is when a lawyer fails to adhere to the generally accepted standards of professional practice and causes harm to the client. It is based on the same four elements as the majority of torts: an attorney-client relationship, a duty, a breach, and proximate causation.

Some examples of malpractice are a lawyer mixing their personal and trust funds, failing timely to file suit within the timeframes, pursuing cases in which they aren't competent, failing to conduct a conflict check and not being up to date on court proceedings or any other legal developments that could impact the case. Lawyers must communicate with their clients in a timely manner. This does not only include emails and faxes as well as responding to phone calls promptly.

Attorneys are also able to commit fraud. This can be done in a variety of ways, such as lying to the client or to anyone else involved in the case. In this case it is crucial to have the facts in hands so that you can determine if the attorney was deceitful. A violation of the attorney-client agreement occurs when an attorney is able to handle an issue that is not within their expertise without informing the client or soliciting independent counsel.

Inability to advise

If a client engages an attorney, it means they have reached the point where their legal situation is beyond their ability and experience, and they are unable to resolve it on their own. Lawyers are required to inform clients of the benefits of the case, the potential risks and costs involved, as well as their rights. When an attorney fails to perform this, they could be liable for malpractice.

Many legal malpractice cases are the result of poor communication between attorneys and their clients. For instance an attorney may not respond to phone calls or fail to inform their clients of a decision they made on their behalf. A lawyer may also fail to disclose important information about a case or fail to divulge any issues with a transaction.

It is possible to bring a lawsuit against an attorney for negligence, but a plaintiff must show that they suffered financial losses due to of the lawyer's negligence. These losses should be documented. This requires evidence, like email and client files, or any other correspondence between an attorney and a customer, as well bills. In cases of theft or fraud, it may also be necessary to be able to have an expert witness review the case.

Failure to Follow the Law

Attorneys are bound by the law and understand the way it is applied in particular circumstances. If they don't and they don't, they could be found guilty of malpractice. Examples include combining client funds with their own or using settlement proceeds for personal expenses, and not performing basic due diligence.

Other instances of legal malpractice attorneys include failing to file a suit within the statute of limitation and missing court filing deadlines and not complying with the Rules of Professional Conduct. Attorneys must also disclose any conflicts of interest. This means that they must inform clients of any personal or financial interest that could influence their judgment in representing them.

In addition, attorneys are required to comply with the directions of their clients. Attorneys must follow the instructions of clients unless it is evident that the act will not be beneficial.

In order to prevail in a malpractice lawsuit the plaintiff must show that the lawyer breached their duty of care. It isn't easy to establish that the defendant's inaction or actions resulted in damage. It's also not enough to show that the result of the attorney's negligence was negative in order for a malpractice claim to succeed, it needs to be proven that there is an extremely high chance that the plaintiff would have prevailed when the defendant had acted in accordance with the usual procedure.