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How to Sue Your Attorney for Malpractice

If you wish to sue your attorney over malpractice, you must prove that their breach of duty caused financial, legal or other negative effects for you. You must prove that there was a direct link between your attorney's incompetence and the negative outcome.

Matters of strategy do not count as legal malpractice but when your lawyer fails to file a lawsuit in time and you lose the case, that could be a sign of malpractice attorney.

Misuse of funds

One of the most prevalent kinds of legal malpractice is the misuse by a lawyer of funds. Attorneys are legally bound by a fiduciary responsibility to their clients, and must behave with confidence and fidelity when handling funds or other assets that the client has given them.

When a client is required to pay retainer to their lawyer, the lawyer is required to put the money into an separate escrow account designated for that case's purpose only. If the attorney combines the account with their own personal funds or uses it for other purposes it is a clear breach of fiduciary responsibility and could be considered legal malpractice.

Imagine, for example that a customer hires an attorney to represent him in a suit filed against a driver whose vehicle hit them as they crossed the street. The client can prove that the driver was negligent and is able to show that the accident caused their injuries. Their lawyer, however, fails to comply with the law and is unable file the case in time. Thus, the lawsuit is dismissed and the party who was injured is liable for financial losses due to the lawyer's error.

The time frame for suing an attorney for malpractice is limited by a statute of limitation which can be difficult to calculate in a situation where a loss or malpractice injury occurred as the result of the negligence of the attorney. A New York attorney who is experienced in malpractice law can explain the statute of limitation and help you decide if you have a case that qualifies for an action.

Do not follow the rules of professional conduct

Legal malpractice is when an attorney fails to adhere to the generally accepted professional standards, and harms the client. It is based on the same four elements as most torts, which include an attorney-client relationship, a duty, a breach, and proximate cause.

Some examples of malpractice are lawyers who mix personal and trust funds, not submitting claims in time to file suit within the statutes of limitations, taking cases in which they aren't competent, not conducting an effective conflict check, and not being up-to date on court proceedings or any other legal developments that could affect the case. Lawyers are also required to communicate with clients in a reasonable manner. This is not limited to the use of faxes and email, but also returning telephone calls promptly.

Attorneys can also commit fraud. This can be done in various ways, which includes lying to the client or anyone else involved in the case. In this situation it is imperative to have the facts in the hands of the investigator to determine if the attorney was untruthful. It is also a breach of the attorney-client contract when an attorney decides to take on an assignment that is not within the scope of their expertise and fails to inform the client about this or recommend seeking separate counsel.

Inability to advise

When a client employs an attorney, it indicates that they have reached the stage where their legal problem is beyond their capabilities and experience and they are unable to resolve it on their own. It is the attorney's responsibility to advise clients on the merits of a case in addition to the costs and risk associated with it, and their rights. If a lawyer fails to comply with this requirement, they could be found guilty of malpractice lawyers.

Many legal malpractice cases stem due to poor communication between attorneys and their clients. An attorney might not return a calls or fail to inform their clients about a specific decision that they have made on their behalf. An attorney might not be able to communicate crucial details regarding a case, or fail to disclose known problems with the transaction.

A client may sue an attorney if they have suffered financial losses as a result of the lawyer's negligence. The losses must be documented. This requires evidence, like client files and emails, or any other correspondence between an attorney and a client, and also bills. In the event of fraud, or theft an expert witness could be required to review the case.

Inability to Follow the Law

Attorneys are bound by the law and know the way it is applied in particular circumstances. If they fail to do so, they could be guilty of misconduct. Examples include mixing funds from clients with their own, using settlement proceeds to pay for personal expenses and not doing basic due diligence.

Other instances of legal malpractice are failure to file a suit within the statute of limitations and not filing the suit by the deadlines set by the court and not following the Rules of Professional Conduct. Attorneys are also obligated to disclose any conflict of interest. This means that they must inform clients of any financial or personal interests that might affect their judgment when representing them.

Finally, attorneys are obligated to comply with the directions of their clients. Attorneys must abide by the instructions of clients, unless it is clear that the action will not be beneficial.

In order to prevail in a malpractice case, the plaintiff has to prove that the lawyer has violated his duty of care. This isn't easy, because it requires proving that the defendant's actions, or inaction, caused damages. It's not enough to show that the result of the negligence of the attorney was bad and for a malpractice case to be successful, it has to be proven that there is an excellent chance that the plaintiff could have won their case when the defendant had acted in accordance with the usual procedure.