How to Sue Your Attorney for Malpractice

To sue an attorney for malpractice, you have to prove that the breach of duty resulted in negative financial, legal or other consequences for you. You must establish that there was a direct link between your attorney's negligence and the negative results.

Legal malpractice does not cover matters of strategy. However, if you lose a case due to your lawyer did not file the lawsuit within the timeframe, this could be an act of malpractice.

Misuse of funds

One of the most prevalent kinds of legal malpractice is the misuse of funds by lawyers. Attorneys are bound by a fiduciary obligation to their clients, and must behave with trust and fidelity when handling money or other property that the client has trusted them with.

When a client pays a retainer to their attorney, the attorney is required to place the money in a separate escrow account specifically designated for the specific purpose of the case only. If the lawyer co-mingles the account with their personal funds, or uses it for any other purpose, this is a clear breach of the fiduciary obligation and could constitute legal misconduct.

Imagine, for instance, that a client hires an attorney to represent them in an action against a motorist who slammed into them as they were crossing the street. The client can prove that the driver was negligent and is able to prove that the collision caused their injuries. But, their lawyer violates the statute of limitations and is unable to file the case in time. The lawsuit is dismissed and the party who was injured is liable for financial losses as a result of the lawyer's error.

The statute of limitations restricts the amount of time you can claim a lawyer's negligence. It can be a challenge to calculate when an injury or loss was caused by negligence of the lawyer. A New York attorney who is knowledgeable about malpractice law will be able to explain the statute of limitation and help you determine if you have a case which is suitable for an action.

Do not follow the rules of professional conduct

Legal malpractice is when an attorney fails to adhere to the generally accepted professional standards and harms the client. It is based on the same four elements as most torts, which are an attorney-client relationship as well as a duty, breach, and proximate cause.

Some examples of gloversville malpractice lawyer are a lawyer commingling their personal and trust account funds, failing in time to file suit within the statute of limitations or taking on cases where they aren't competent, failing to conduct a conflict check, and not being up-to-date with court proceedings or new developments in the law that may affect the case. Lawyers are also required to communicate with clients in a reasonable manner. This doesn't only apply to email and faxing, but also includes answering phone calls promptly.

Attorneys are also able to commit fraud. This can happen in a variety of ways, including lying to the client or anyone involved in a case. In this instance it is essential to have all the facts at the hands of the investigator to determine if the attorney was being deceitful. It also constitutes a breach of the contract between attorney and client if an attorney accepts cases that are outside of their area of expertise and does not inform the client about this or suggest that they seek separate counsel.

Inability to advise

When a client hires an attorney, it means they've reached a stage where their legal issue is beyond their expertise and experience and that they are unable to resolve it by themselves. It is the lawyer's duty to inform clients about the merits of a case in addition to the costs and risk involved and their rights. If an attorney fails to do this, they could be found guilty of malpractice.

Many legal Chino valley malpractice attorney claims arise because of poor communication between attorneys and their clients. For instance an attorney may not return phone calls or fail to inform their clients of a decision taken on their behalf. An attorney may also be unable to share important information about an instance or fail to divulge any issues with transactions.

It is possible to claim a lawyer's negligence, however, a client must prove that they have suffered real financial losses because due to the negligence of the attorney. These losses must be documented. This requires evidence, such as email and client files, or other correspondence between an attorney and client, and also bills. In cases of fraud or theft, it may also be required to engage an expert witness to review the case.

Failure 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 malpractice if they don't. Examples include mixing funds from clients with theirs and using settlement proceeds to pay for personal expenses, and failing to exercise basic due diligence.

Another instance of legal misconduct includes failure to file an action within the statute of limitations, missing court filing deadlines and not adhering to the Rules of Professional Conduct. Attorneys must disclose any conflicts of interest. They must disclose to clients any financial or personal interests that could affect their judgment when representing them.

Finally, attorneys are obligated to abide by the instructions of their clients. Attorneys are required to follow the directions of clients, unless it is clear that the actions would not be beneficial.

To win a malpractice suit, the plaintiff must prove that the lawyer violated their duty of care. It can be challenging to establish that the defendant's inaction or actions resulted in damage. It isn't enough to demonstrate that the attorney's wrongful actions led to a poor outcome. A malpractice claim must also show that there was a high chance that the plaintiff's claim would have been won if the defendant followed standard practices.