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How to Sue Your Attorney for Malpractice

If you want to sue your attorney for malpractice, you must prove that their breach of duty caused financial, legal or other negative consequences for you. You must show a direct connection between the attorney's negligence and the negative outcome.

Legal malpractice is not a issues of strategy. If you lose a case due to your lawyer was not able to file the lawsuit within the timeframe it could be a case of the result of malpractice.

Fraud in the use of funds

A misuse of funds by a lawyer is among the most frequent types of legal malpractice lawsuits. Attorneys are bound by a fiduciary duty to their clients and must act with integrity and fidelity when handling money or other property that the client has entrusted them with.

When a client pays their retainer to a lawyer, they are required by law to place that money in an escrow fund that is only intended for the specific case. If the attorney combines the escrow account with their personal funds or makes use of it for any other purpose that is a clear breach of the fiduciary obligation and could be considered legal misconduct.

Imagine, for example, that a client hired an attorney to represent him in a lawsuit filed against a driver whose vehicle struck them when they crossed the street. The client is able to prove that the driver was negligent, and can demonstrate that the collision caused their injuries. However, their lawyer is not aware of the deadline and is in a position to file the lawsuit in time. The lawsuit is dismissed and the injured party is liable for financial loss as a result of the lawyer's mistake.

The statute of limitations restricts the time that you can bring a lawsuit against a lawyer for malpractice. It can be difficult to calculate when the loss or injury was caused by the negligence of an attorney. A New York attorney who is skilled in malpractice law will be able to explain the statute of limitation and help you determine if you are eligible for a lawsuit.

Do not follow the professional rules of conduct

Legal malpractice occurs when an attorney does not adhere to the generally accepted professional standards, and harms the client. It is the result of four elements of the most common torts: an attorney-client relationship the breach of a duty and the proximate cause.

A few examples of malpractice include the lawyer mixing personal and trust funds, failing timely to file suit within statutes of limitations, taking cases in which they are not competent, not conducting a conflict check and not staying up to the current court proceedings, or any new legal developments that could affect the case. Lawyers are required to communicate with their clients in a timely manner. This doesn't only apply to email and fax and also includes returning phone calls promptly.

It is also possible for lawyers to engage in fraud. This could be accomplished by lying to the client, or any other person who is involved in the investigation. It is essential to learn the facts in order to determine if the attorney was dishonest. It's also a violation of the attorney-client contract when an attorney takes on cases that are outside of their area of expertise and does not inform the client of this or recommend seeking separate counsel.

Inability to inform

If a client engages an attorney, it is a sign that they've reached the point at which their legal situation is beyond their own skill and experience and that they can no longer resolve it by themselves. The lawyer has a duty to inform clients of the importance of the case, the risks and costs involved, and their rights. A lawyer who fails to do this may be liable.

Many legal malpractice claims result from a lack of communication between lawyers and their clients. An attorney might not return a phone calls or fail to inform their clients of a particular decision that they have made on their behalf. An attorney might also neglect to share important information about an instance or fail to disclose known problems with transactions.

A client may sue an attorney if they have suffered financial losses due to the negligence of the lawyer. The losses must be documented, which requires evidence like client files emails, correspondence between the attorney and the client, as well bills. In the case of theft or fraud It may be required to be able to have an expert witness review the case.

Inability to Follow the Law

Attorneys must be in compliance with the law and be aware of the law's implications for specific situations. If they don't or don't, they could be accused of misconduct. Examples include commingling client funds with their own, or using settlement proceeds to pay personal expenses, or failing to exercise basic due diligence.

Another instance of legal misconduct is the failure to file a lawsuit within the statute of limitations, failing to meet deadlines for filing court documents or not adhering to the Rules of Professional Conduct. Attorneys are also obligated to disclose any conflict of interest. This means that they have to inform clients of any financial or personal interests that might affect their judgment in representing them.

Attorneys must also follow the instructions of their clients. Attorneys are required to follow the directions of clients unless it is evident that the decision will not be beneficial.

In order to prevail in a malpractice case, the plaintiff has to demonstrate that the lawyer did not fulfill his duty of care. This can be a challenge, since it requires proof that the defendant's actions or inaction caused damages. It isn't enough to prove that the attorney's negligence caused a negative outcome. A malpractice claim must also demonstrate that there was a high likelihood that the plaintiff's lawsuit could have been won had the defendant had followed standard procedures.