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How to Sue Your Attorney for Malpractice

If you wish to sue your attorney over malpractice, you have to prove that the breach of duty resulted in financial, legal or other negative outcomes for you. It's not enough to show that the negligence of the attorney was a problem and you must prove an immediate link between the breach and the resulting outcome.

Strategy-related issues do not count as 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 prevalent types of legal malpractice is the misuse by a lawyer of funds. Lawyers have a fiduciary obligation with their clients and are expected to behave with a high degree of trust and fidelity, especially when handling funds or other property that the client has handed over to them.

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

Imagine, for instance that a client hires an attorney to represent him in a lawsuit against a driver who was struck by them as they crossed the street. The client could prove the driver's negligence, and that the collision caused the injuries they sustained. Their lawyer, however, misses the statute and is unable file the case on time. Consequently, the lawsuit is dismissed and the injured party is financially harmed due to the lawyer's mistake.

The time limit to sue an attorney for negligence is governed by a statute-of-limitations that can be difficult to calculate in a situation where a loss or injury resulted from the attorney's negligence. A New York attorney who is proficient in malpractice law can explain the statute of limitations and help you determine if you have a case which is suitable for a lawsuit.

Failure to follow the rules of professional conduct

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

A few examples of malpractice include a lawyer mixing their personal and trust funds, failing to timely to file suit within the time limits, taking cases in which they're not competent, failing to carry out a conflict check and not being up to the latest court proceedings or any other developments in law that could impact the case. Lawyers must communicate with their clients in a fair and reasonable manner. This includes not just email and faxes but also the ability to return phone calls promptly.

It is also possible for attorneys to commit fraud. This could be accomplished by lying to the client or anyone else involved in the case. It is essential to understand the facts so you can determine whether the attorney was dishonest. A violation of the agreement between an attorney and a client occurs when an attorney takes an issue that is not within their expertise without informing the client or advising them to seek independent counsel.

Inability to advise

If a client decides to hire a lawyer, it signifies that their legal matter has exceeded their skills and knowledge. They are unable to solve the problem by themselves. The lawyer is obliged to inform clients about the importance of the case, the risks and costs involved, and their rights. Lawyers who fail to provide this advice could be found guilty.

Many legal malpractice claims arise because of poor communication between lawyers and their clients. For example, an attorney might not return calls or fail to inform their clients of the decision made on their behalf. An attorney might also fail to communicate important details regarding a particular case, or fail to inform clients of issues with the transaction.

A client may sue an attorney if they have suffered financial losses as a result of the negligence of the lawyer. These losses must 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 involving fraud or theft It may be necessary to get an expert witness to look into the case.

Inability to Follow the Law

Attorneys must follow the law, and know how it applies to specific circumstances. If they don't, they could be guilty of misconduct. Examples include mixing client funds with their own or using settlement proceeds to pay personal expenses, and failing to exercise basic due diligence.

Other instances of legal malpractice are failure to file a suit within the statute of limitation or missing deadlines for filing with the court and not adhering to the Rules of Professional Conduct. Attorneys must also disclose any conflicts of interest. They must inform clients of any financial or personal interests that could influence their judgement when representing them.

Attorneys are also required to abide by the instructions of their clients. If a client asks the attorney to take specific actions the attorney must comply with the instructions unless there is an obvious reason that it is not advantageous or is not feasible.

To win a malpractice lawsuit, the plaintiff has to prove that the lawyer violated his duty of care. It can be challenging to prove that the defendant's lapses or actions resulted in damage. It is not enough to prove that the attorney's negligence led to a poor outcome. A malpractice lawsuit claim must also demonstrate that there was a substantial chance that the plaintiff's claim could have been won had the defendant followed standard practices.