How to Sue Your Attorney for Malpractice

To sue an attorney for negligence, you need to prove that the breach resulted in negative financial, legal or other consequences for you. It's not enough to demonstrate that the attorney's negligence was negligent it is also necessary to establish that there is a direct connection between the breach and the negative outcome.

Strategy-related issues do not constitute legal malpractice, however, 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 frequent kinds of legal malpractice is the misuse of funds by lawyers. Lawyers have a fiduciary connection with their clients and are required to behave with the highest degree of trust and fidelity, especially when handling funds or other property that the client has entrusted to them.

When a client pays their retainer and the lawyer is required by law to keep that money in an escrow account that is exclusively utilized for that particular case. If the attorney combines the account with their personal funds, or uses it for other purposes this is a blatant breach of fiduciary responsibility and could be considered legal negligence.

For instance, suppose that a customer hires their attorney to represent them in a lawsuit against a driver who slammed into them as they were walking across the street. The client can prove that the driver was negligent and could demonstrate that the collision caused their injuries. Their lawyer, however, misses the statute and is not able to file the case on time. The lawsuit is dismissed and the victim is financially harmed because of the lawyer's error.

A statute of limitation limits the time it takes to sue an lawyer for malpractice. It can be a challenge to determine if the loss or injury was due to the negligence of the lawyer. A competent New York attorney with experience in the field of Malpractice; Highwave.kr, law will be able to explain the time limit to you and help determine if your case is a suitable candidate for a legal malpractice suit.

Failure to adhere to the rules of professional conduct

Legal malpractice occurs when a lawyer does not follow generally accepted professional standards and causes harm to the client. It requires the four elements of the most common torts: an attorney-client relationship and a duty, breach and the proximate cause.

A few examples of malpractice include lawyers who mix personal and trust funds, failing to timely to file suit within the timeframes, pursuing cases where they are not competent, failing to conduct an effective conflict check, and not being up-to date on court proceedings or any new legal developments that could affect the case. Lawyers must communicate with their clients in a timely manner. This doesn't just mean emails and faxes, but also returning telephone calls promptly.

Attorneys can also commit fraud. This could be done by lying to the client, or to anyone else involved in the investigation. In this instance it is crucial to have all the facts at your possession to determine if the lawyer was insincere. It is also a breach of the contract between attorney and client if an attorney accepts an assignment that is not within the scope of their area of expertise and fails to inform the client about this or advise them to seek separate counsel.

Inability to inform

When a client employs a lawyer, it signifies that their legal issue has become beyond their skill and knowledge. They are unable to resolve it themselves. The lawyer is required to inform clients about the importance of the case, the potential risks and costs involved, as well as their rights. If an attorney fails to do this, they could be liable for malpractice.

Many legal malpractice claims stem from poor communication between attorneys and their clients. An attorney may not return calls or fail to inform their clients of a specific decision they made on their behalf. An attorney could also fail to communicate important details regarding a particular case, or fail to disclose known issues with the transaction.

It is possible to bring a lawsuit against an attorney for malpractice, but a client must prove that they have suffered financial losses as a result of the negligence of their lawyer. These losses must be documented, which will require evidence such as files of the client emails, client files, and other correspondence between the attorney and the client, and bills. In the event of fraud or malpractice theft an expert witness might be needed to investigate the case.

Inability to Follow the Law

Attorneys are required to follow the law and understand how it applies in specific circumstances. They could be found guilty of misconduct in the event that they fail to follow. Examples include commingling client funds with their own or using settlement proceeds to pay personal expenses, and not performing basic due diligence.

Other instances of legal malpractice include failure to file a lawsuit within the statute of limitations, missing court filing deadlines and not observing the Rules of Professional Conduct. Attorneys are also obligated to disclose any conflicts of conflicts of interest. This means they must inform clients of any financial or personal concerns that could impact their judgment in representing them.

Attorneys must also follow the instructions of their clients. Attorneys must follow the instructions of clients unless it is evident that the actions will not be beneficial.

In order to win a malpractice suit the plaintiff must show that the lawyer acted in violation of his duty of care. It can be difficult to prove that the defendant's inaction or actions caused damage. It's not enough to prove the result of the negligence of the attorney was detrimental in order for a malpractice claim to be successful, it must be proved that there is an excellent chance that the plaintiff could have won their case when the defendant had acted in accordance with the accepted practice.