How to Sue Your Attorney for Malpractice

To sue your attorney on charges of malpractice, you must prove that the breach of duty led to financial, legal or other negative consequences for you. You must prove that there is a direct link between the attorney's incompetence and the negative outcome.

Legal malpractice doesn't include matters of strategy. If you lose a case due to your lawyer didn't file the lawsuit in time it could be a case of the result of malpractice.

Misuse of funds

One of the most common kinds of legal malpractices is the misuse of funds by lawyers. Lawyers have a fiduciary connection with their clients and are required to behave with the utmost trust and fidelity, particularly when handling money or other property that the client has given to them.

When a client makes a payment for their retainer and the lawyer is required by law to deposit the money into an escrow fund that is only utilized for that particular case. If the attorney makes use of the escrow fund for personal use or co-mingles it with their own funds the attorney is in breach of their fiduciary obligations and could be charged with legal misconduct.

Imagine, for example that a customer hires an attorney to represent him in a suit filed against a driver whose car struck them when they crossed the street. The client can prove the driver's negligence, and that the accident caused their injuries. Their lawyer, however, does not follow the law and is unable file the case in time. Consequently, the lawsuit is dismissed and the person who was hurt suffers financial loss as a result of 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 case where a loss or injury occurred as the result of the attorney's negligence. A qualified New York attorney with experience in the field of malpractice law will be able to explain the time limit to you and assist you determine if your case is a good candidate for a legal malpractice lawsuit.

Failure to follow the Rules of Professional Conduct

Legal malpractice occurs when a lawyer fails to adhere to generally accepted professional standards and causes harm to the client. It is a requirement of the four elements of most torts: an attorney-client relationship as well as breach of duty and proximate cause.

A few examples of malpractice include lawyers who mix personal and trust funds, failing timely to file suit within statute of limitations, pursuing cases in which they're not competent, not conducting an investigation into conflicts and not being up to date on court proceedings or any other developments in law that could affect the case. Lawyers also have a duty to communicate with clients in a fair manner. This doesn't only apply to email and faxing and includes also returning telephone calls promptly.

It is also possible for lawyers to engage in fraud. This can be done in a variety of ways, such as lying to the client or to anyone involved in a case. It is crucial to know the facts to determine whether the attorney was untruthful. It is also a breach of the attorney-client agreement if an attorney is assigned a case that is outside of their area of expertise and does not inform the client of this or recommend seeking separate counsel.

Inability to advise

If a client engages an attorney, it is a sign that they have reached the point where their legal situation is beyond their own skill and experience and that they are unable to resolve it on their own. Lawyers are required to inform clients of the importance of the case, the potential risks and costs involved, as well as their rights. Lawyers who fail to provide this advice could be liable.

Many legal malpractice claims stem from a lack of communication between lawyers and their clients. For example an attorney may not return phone calls or fail to inform their clients of a decision they made on their behalf. An attorney may also be unable to share important information about the case or fail to disclose known problems with the transaction.

A client can sue an attorney if they've 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 other correspondence between an attorney and client, as well bills. In the event of fraud, or theft, an expert witness may be needed to investigate the case.

Inability to Follow the Law

Attorneys are required to follow the law and know 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 theirs, using settlement proceeds to pay for personal expenses, and failing to exercise basic due diligence.

Another example of legal malpractice includes the failure to file an action within the statute of limitations, ignoring deadlines for filing with the court and not observing the Rules of Professional Conduct. Attorneys are also obligated to disclose any material conflicts of interests. This means they must inform clients of any financial or personal interest that could influence their decision-making process when representing them.

Attorneys must also follow the instructions of their clients. If a customer instructs the attorney to take specific actions, the attorney must follow the instructions unless there is an obvious reason why it would not be beneficial or possible.

In order to prevail in a malpractice attorney lawsuit the plaintiff must demonstrate that the lawyer breached their duty of care. It can be difficult to establish that the defendant's inaction or actions caused damage. It isn't enough to show that the attorney's negligence caused a negative outcome. A malpractice claim must prove that there was a significant chance that the plaintiff's claim could have been won had the defendant had followed the standard procedure.