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How to Sue Your Attorney for Malpractice

To claim a lawyer's malpractice, you have to show that the breach caused financial, legal, or other consequences for you. It's not enough to prove the negligence of the attorney was a problem and you must prove that there is a direct connection between the breach and the negative outcome.

Matters of strategy do not be considered legal malpractice, but the lawyer you hire fails to submit a lawsuit on time and you lose the case it could be a case of malpractice.

Use of funds in a fraudulent way

One of the most common kinds of legal malpractices is the misuse of funds by a lawyer. Attorneys are bound by a fiduciary duty to their clients, and must act with integrity and fidelity when handling funds or other assets that the client has trusted them with.

When a client pays a retainer to their attorney, the lawyer must put the money into an separate escrow account that is specifically designated for the specific purpose of the case only. If the attorney mixes the account with their personal funds or makes use of it for malpractice lawyer any other purpose that is a clear breach of fiduciary responsibility and could be considered legal malpractice.

For example, imagine that a client hires an attorney to represent them in an action against a driver who struck them as they were walking across the street. The client can prove the driver's negligence and the collision resulted in the injuries they sustained. Their lawyer misses the statute and is unable file the case in time. The lawsuit is dismissed and the party who was injured is financially harmed because of the lawyer's mistake.

The time frame for suing an attorney for negligence is governed by a statute of limitation which can be difficult to calculate in a situation where a loss or injury occurred as the result of the negligence of the attorney. A New York attorney who is experienced in malpractice law will be able to explain the statute of limitation and help you determine if you are eligible for an action.

Failure to follow the professional rules of conduct

Legal malpractice lawsuit is when an attorney does not follow generally accepted professional standards and causes harm to 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 common examples of malpractice include a lawyer mixing their personal and trust account funds, failing to timely bring suit within the statute of limitations, taking on cases where they aren't competent, not performing a conflict check, and not keeping up-to-date with court proceedings or other developments in the law that could impact the case. Lawyers must communicate with their clients in a fair and reasonable manner. This doesn't just mean email and faxes, but also resolving telephone calls promptly.

Attorneys are also able to commit fraud. This could be accomplished by lying to the client or any other person who is involved in the case. It is crucial to know the facts so that you can determine if the lawyer was untruthful. A violation of the agreement between an attorney and a client occurs when an attorney takes an action outside of their area of expertise without informing the client about it or informing them to seek out independent counsel.

Inability to inform

If a client decides to hire a lawyer, it signifies that their legal matter has become beyond their skill and experience. They are unable to resolve it by themselves. It is the lawyer's duty 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 this could be liable.

Many legal malpractice claims result from a lack of communication between attorneys and their clients. For instance an attorney may not respond to phone calls or fail to notify their clients of the decision made on their behalf. Attorneys may also fail to communicate important details about a case or fail to divulge any issues with the transaction.

It is possible to sue an attorney for negligence, however, a client must prove that they suffered real financial losses because of the lawyer's negligence. These losses must be documented, which requires documents such as client files email correspondence, other correspondence between the lawyer and the client, and bills. In the event of fraud or theft, an expert witness may be required to look into the case.

Failure to Follow the Law

Attorneys must be in compliance with the law, and know how it applies to specific circumstances. They could be found guilty of malpractice when they fail to do so. Examples include commingling client funds with their own or using settlement proceeds to pay personal expenses, or not performing basic due diligence.

Other examples of legal malpractice include failing to file a lawsuit within the statute of limitations and missing court filing deadlines and not complying with the Rules of Professional Conduct. Attorneys must declare any conflicts of interest. They must disclose to clients any personal or financial interest that could affect their judgment when representing them.

Finally, attorneys are obligated to comply with the directions of their clients. If a customer instructs them to take a particular action an attorney must follow the instructions unless there is an obvious reason why it would not be advantageous or is not feasible.

In order to win a malpractice suit the plaintiff must demonstrate that the lawyer did not fulfill his duty of care. It can be difficult to prove that the defendant's actions or actions caused harm. It's also not enough to prove the result of the attorney's negligence was negative; for a Malpractice Lawyer claim to be successful, it has to be proved that there is a high probability that the plaintiff could have won their case should the defendant followed standard practice.