How to Sue Your Attorney for Malpractice

To bring a lawsuit against an attorney for malpractice, it is necessary to show that the breach of duty resulted in negative financial, legal or other consequences for you. You must prove an immediate connection between the attorney's incompetence and the negative outcome.

Strategies do not qualify as legal malpractice, however, when your lawyer fails to file a lawsuit on time and you lose the case, it could be a case of malpractice.

The misuse of funds

One of the most prevalent kinds of legal malpractices is the misuse by a lawyer of funds. Lawyers are in a fiduciary relationship with their clients and are required to behave with a high level of trust and fidelity, especially when handling funds or other property that the client has given to them.

When a client makes a payment for their retainer, the lawyer is required by law to keep that money in an funds that are only specifically used for the particular case. If the lawyer co-mingles the escrow account with their own personal funds, or uses it for other purposes that is a clear breach of fiduciary duty, and could constitute legal malpractice.

For instance, suppose that a client employs their attorney to represent them in a lawsuit against a driver who hit them while they were walking across the street. The client is able to prove the driver's negligence as well as that the collision caused their injuries. But, their lawyer violates the statute of limitations and is in a position to file the lawsuit in time. Consequently, the lawsuit is dismissed and the injured party suffers financial losses because of the lawyer's error.

A statute of limitation limits the time it takes to bring a lawsuit against a lawyer for malpractice. It can be difficult to determine when the loss or injury was due to the negligence of the lawyer. A licensed New York attorney with experience in the field of malpractice law will be able to explain the statute of limitations to you and help determine if your situation is a suitable candidate for a legal malpractice lawsuit.

Disobedience to the Rules of Professional Conduct

Legal malpractice is the case when a lawyer doesn't adhere to the generally accepted standards of professional practice and causes harm to the client. It requires the same four elements as most torts, which include an attorney-client relationship as well as a duty, breach, and proximate cause.

Some examples of malpractice include a lawyer mixing their personal and trust account funds, failing in time to file a lawsuit within the time limit, taking on cases where they are not competent, failing to conduct an investigation into conflicts, and not staying up to date with court proceedings or any new developments in law that could affect the case. Lawyers must communicate with their clients in a reasonable manner. This doesn't only apply to email or fax, but also includes answering phone calls in a timely manner.

Attorneys can also commit fraud. This can be done in various ways, including lying to the client or to anyone involved in a case. It is important to know the facts to determine if the attorney is dishonest. It's also a violation of the attorney-client contract when an attorney is assigned an issue that is outside of their expertise and fails to inform the client of this or advise them to seek separate counsel.

Inability to inform

If a client decides to hire an attorney, it is a sign that they've reached a point where their legal situation is beyond their own skill and experience and that they can no longer resolve it on their own. The lawyer is required to inform clients about the benefits of the case, the potential risks and costs involved, as well as their rights. When an attorney fails to do this, they may be guilty of malpractice.

Many legal malpractice claims arise because of poor communication between lawyers and their clients. Attorneys may not respond to calls or fail to inform their clients about a specific decision they made on their behalf. An attorney may also fail to communicate important information regarding a case or not disclose any known problems with a transaction.

It is possible to bring a lawsuit against an attorney for negligence, but a plaintiff must show that they suffered financial losses due to of the negligence of their lawyer. The losses should be documented. This requires evidence, such as email and client files, or other correspondence between an attorney and a client, as well as invoices. In cases involving theft or fraud It may be required to engage an expert witness to review the case.

Failure to Follow the Law

Attorneys are required to follow the law and understand how it applies in specific circumstances. If they don't, they could be guilty of malpractice law firms. Examples include combining funds from clients with their own, or using settlement proceeds for personal expenses, or failing to exercise basic due diligence.

Another instance of legal malpractice is the failure to file a lawsuit within the statute of limitations, ignoring court filing deadlines or not adhering to the Rules of Professional Conduct. Attorneys must also declare any conflicts of interest. This means they must inform clients of any financial or personal concerns that could impact their judgment when representing them.

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

To prevail in a malpractice lawsuit the plaintiff must show that the lawyer violated their duty of care. This can be a challenge, as it requires showing that the defendant's actions or inaction caused damages. It isn't enough to prove that the attorney's error led to a poor outcome. A malpractice claim must prove that there was a significant likelihood that the plaintiff's lawsuit could have been won had the defendant had followed standard procedures.