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How to Sue Your Attorney for Malpractice

To bring a lawsuit against an attorney for malpractice, it is necessary to show that the breach caused financial, legal, or other consequences for you. You must demonstrate that there is a direct link between the attorney's incompetence and the negative outcome.

The nuances of strategy don't count as legal malpractice but if your lawyer fails to file a lawsuit on time and you lose the case it could be a case of malpractice.

Misuse of funds

The misuse of funds by lawyers is one of the most widespread kinds of legal negligence. Lawyers are required to fulfill a fiduciary duty to their clients and must behave with trust and fidelity when handling money or any other property that the client has entrusted them with.

When a client makes a retainer to their attorney, the lawyer is required to put the money into a separate escrow account specifically designated for the specific purpose of the case only. If the attorney co-mingles the escrow account with personal funds, or uses it for any other purpose it is a clear breach of the fiduciary obligation and could constitute legal negligence.

As an example, suppose that a client employs their attorney to represent them in a lawsuit against a driver who slammed into them as they were walking along the street. The client has proof that the driver was negligent and is able to show that the accident caused their injuries. However, their lawyer is not aware of the deadline and is in a position to file the lawsuit within the timeframe. Consequently, the lawsuit is dismissed and the person who was hurt is liable for financial losses as a result of the lawyer's mistake.

A statute of limitation limits the time you have to bring a lawsuit against a lawyer for malpractice. It can be a challenge to determine when the loss or injury was caused by the negligence of an attorney. A qualified New York attorney with experience in the field of malpractice law can explain the statute of limitations to you and help determine if your case is a suitable candidate for a legal malpractice lawsuit.

Failure to follow the Rules of Professional Conduct

Legal malpractice lawyer is the case when a lawyer doesn't 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, a duty, breach and proximate cause.

Some examples of malpractice include a lawyer commingling their personal and trust account funds, failing to file a lawsuit within the statute of limitations or taking on cases where they aren't competent, failing to conduct a conflict-check, and not keeping up to date with court proceedings or new developments in the law that could impact the case. Lawyers also have a duty to communicate with clients in a fair manner. This doesn't just mean emails and faxes, but also returning telephone calls promptly.

It is also possible for attorneys to engage in fraud. This could be accomplished by lying to the client or any other person who is involved in the case. In this case it is essential to have all the facts at hand so that you can determine if the attorney was being dishonest. It is also a breach of the attorney-client contract if an attorney takes on an assignment that is not within the scope 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 employs an attorney, it indicates that their legal issue has been beyond their expertise and knowledge. They are unable to resolve it themselves. The lawyer is obliged to inform clients about the importance of the case, the potential risks and costs involved, as well as their rights. An attorney who fails to do this may be found guilty.

Many legal malpractice claims stem from of poor communication between attorneys, and their clients. Attorneys may not respond to phone call or fail to inform their clients of a particular decision taken on their behalf. An attorney may also be unable to disclose important information about a case or fail to reveal any problems that may arise from an transaction.

It is possible to bring a lawsuit against an attorney for negligence, however, a client must prove that they suffered financial losses due to of the negligence of their lawyer. These losses must be documented, which will require documents such as client files email correspondence, other correspondence between the attorney and the client, as well bills. In the case of fraud or theft an expert witness could be required to examine the case.

Failure to Follow the Law

Attorneys are obligated to follow the law and understand how it applies in specific circumstances. They could be found guilty of misconduct when they fail to do so. 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 is the failure to file a lawsuit within the statute of limitations, ignoring deadlines for filing court documents and not observing the Rules of Professional Conduct. Attorneys must disclose any conflicts of interest. They must inform clients of any financial or personal interest that could influence their judgement when representing them.

Additionally, attorneys are required to follow the instructions of their clients. If a customer instructs the attorney to take specific actions the attorney must comply with the instructions unless there is an obvious reason why it would not be beneficial or feasible.

To prevail in a malpractice lawsuit, the plaintiff must prove that the lawyer violated their duty of care. This isn't easy, because it requires proving that the defendant's actions or negligence caused damages. It is not enough to prove that the attorney's error resulted in a bad outcome. A malpractice claim must also prove that there was a substantial likelihood that the plaintiff's lawsuit could have been settled if the defendant had followed the standard procedure.