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How to Sue Your Attorney for Malpractice

If you want to sue your attorney for malpractice, you have to prove that their negligence caused financial, legal or other negative consequences for you. You must demonstrate that there was a direct link between your attorney's negligence and the negative results.

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

The misuse of funds

One of the most common kinds of legal malpractice is a lawyer's misuse of funds. Lawyers have a fiduciary obligation with their clients and are required to act with a high level of trust and fidelity, particularly when handling money or other property that the client has handed over to them.

When a client makes a payment for their retainer the lawyer is obligated by law to keep that money into an escrow fund that is only intended for the specific case. If the attorney mixes the escrow account with personal funds or utilizes it for other purposes it is a clear violation of fiduciary duty and could constitute legal fraud.

Imagine, for example, that a client hired an attorney to represent the client in a lawsuit filed against a motorist whose car struck them when they crossed the street. The client is able to prove that the driver was negligent, and can prove that the accident caused their injuries. Their lawyer, however, violates the law and is not able to file the case in time. The lawsuit is dismissed, and the party who was injured is financially harmed because of the lawyer's error.

The time to sue an attorney for malpractice is limited by a statute of limitation, which can be tricky to calculate in a situation where a loss or injury was the result of the attorney's negligence. A reputable New York attorney with experience in the field of malpractice law can 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 an attorney fails to follow generally accepted professional standards, and harms the client. It entails the same four elements that are common to all torts, which are an attorney-client relationship, a duty, a breach, and proximate cause.

Some common instances of malpractice lawyers include mixing their personal and trust account funds, failing in time to bring suit within the time limit and assuming cases where they aren't competent, failing to conduct a conflict-check, and not staying up to date with court proceedings or other developments in the law that may affect the case. Lawyers are required to communicate with their clients in a reasonable manner. This does not only include emails and faxes, but also answering phone calls promptly.

It is also possible for lawyers to engage in fraud. This could be accomplished by lying to the client, or to anyone else involved in the investigation. It is important to know the facts in order to determine if the lawyer was untruthful. It also constitutes a breach of the attorney-client contract when an attorney decides to take on an issue that is outside of their expertise and fails to inform the client of this or suggest they seek out separate counsel.

Inability to inform

When a client hires an attorney, it means they have reached the stage where their legal issue is beyond their capabilities and malpractice lawsuit experience, and they are unable to resolve it by themselves. The lawyer has a duty to inform clients of the merits of the case, the potential risks and costs involved, as well as their rights. If a lawyer fails to comply with this requirement, they could be guilty of malpractice.

Many legal malpractice cases stem from a lack of communication between lawyers and their clients. Attorneys may not respond to calls or fail to inform their clients about a specific decision taken on their behalf. An attorney might not be able to communicate crucial details regarding a particular case, or fail to inform clients of issues in transactions.

It is possible to sue an attorney for negligence, however, a client must prove that they were able to recover financial losses as a result due to the negligence of the attorney. The losses must be documented. This requires evidence, such as client files and emails, or other correspondence between an attorney and a customer, as well as bills. In the event of fraud, or theft an expert witness could be required to examine the case.

Failure to Follow the Law

Attorneys are bound by the law and understand the way it is applied in particular circumstances. If they don't, they could be guilty of misconduct. Examples include mixing client funds with their own and using settlement proceeds to pay for personal expenses and not performing basic due diligence.

Other instances of legal malpractice are failure to file a lawsuit within the statute of limitation and missing court filing deadlines and not adhering to the Rules of Professional Conduct. Attorneys are also required to disclose any conflicts of interests. This means that they have to inform clients of any personal or financial interest that could influence their judgment in representing them.

Additionally, attorneys are required to follow the instructions of their clients. Attorneys must follow instructions from clients, unless it is clear that the action would not be beneficial.

To win a malpractice lawsuit, the plaintiff has to demonstrate that the lawyer did not fulfill his duty of care. It isn't easy to prove that the defendant's inaction or actions caused harm. It's also not enough to show that the result of the negligence of the attorney was detrimental; for a malpractice claim to be successful, it must be proved that there is a high likelihood that the plaintiff would have prevailed should the defendant followed the standard procedure.