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How to Sue Your Attorney for Malpractice

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

Legal malpractice is not a issues of strategy. If you lose a case due to your lawyer didn't submit the lawsuit on time, this could be negligence.

Inappropriate use of funds

The misuse of funds by a lawyer is one of the most prevalent types of legal fraud. Lawyers have a fiduciary obligation with their clients and are required to act with a high degree of trust and fidelity, particularly when handling money or other property that the client has entrusted to them.

If a client pays a retainer, their lawyer is required to deposit the money into an separate escrow account that is specifically destined for the purpose of the case only. If the lawyer makes use of the escrow account for personal use or co-mingles it with their own funds it is in violation of their fiduciary duties and could be accused of legal misconduct.

Imagine, for example, that a client hired an attorney to represent him in a suit filed against a motorist whose car struck them when they crossed the street. The client has proof that the driver was negligent and can demonstrate that the collision caused their injuries. Their lawyer violates the law and is unable to file the case in time. The lawsuit is dismissed and the victim suffers financial losses due to the lawyer's error.

A statute of limitations limits the time you have to claim a lawyer's negligence. It is often difficult to determine if the loss or injury was caused by negligence of the lawyer. A New York attorney who is skilled in malpractice law can explain the statute of limitation and help you determine if you have a case which is suitable for a lawsuit.

Infractions to the professional rules of conduct

Legal malpractice occurs when a lawyer fails to follow generally accepted professional standards and causes harm to the client. It requires the same four elements that are common to all torts, which are an attorney-client relationship an obligation, a breach, and proximate cause.

A few examples of malpractice include the lawyer mixing personal and trust funds, not submitting claims in time to file suit within statute of limitations, pursuing cases in which they're not competent, failing to perform an examination of conflicts and lawyers not being up to the current court proceedings or any other legal developments that could impact the case. Lawyers must communicate with their clients in a fair and reasonable manner. This includes not just the use of faxes and email, but also returning telephone calls promptly.

It is also possible for lawyers to commit fraud. This can be done by lying to the client, or any other person involved in the investigation. In this scenario it is imperative to have the facts on your possession to determine if the lawyer was deceitful. It also constitutes a breach of the contract between attorney and client if an attorney accepts cases that are outside of their 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 indicates that their legal matter has become beyond their skill and knowledge. They are unable solve the issue themselves. The lawyer is obliged to inform clients of the advantages of the case, the risks and costs involved, and their rights. If a lawyer fails to do so may be held accountable.

Many legal malpractice claims stem from of poor communication between lawyers and their clients. For instance an attorney may not respond to phone calls or fail to inform their clients of the decision made on their behalf. A lawyer may also fail to share important information about the case or fail divulge any issues with transactions.

A client can sue an attorney if they've suffered financial losses due to the negligence of the lawyer. The losses must be documented, which requires evidence like client files email correspondence, other correspondence between the attorney and the client, and bills. In cases involving fraud or theft, it may also be required to get an expert witness to look into the case.

Failure to Follow the Law

Attorneys are obligated to follow the law and understand the laws that apply to specific situations. If they don't, they could be guilty of malpractice. Examples include mixing client funds with their own, or using settlement proceeds for personal expenses, or not performing basic due diligence.

Another instance of legal malpractice law firm includes the failure to file a lawsuit within the timeframe of limitations, ignoring court filing deadlines, and not following the Rules of Professional Conduct. Attorneys must also disclose any conflicts of interests. This means that they must inform clients of any financial or personal interest that could influence their judgment in representing them.

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

In order to prevail in a malpractice case, the plaintiff has to 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 resulted in damage. It is not enough to demonstrate that the attorney's wrongful actions caused a negative outcome. A malpractice claim must also demonstrate that there was a significant chance that the plaintiff's claim would have been successful if the defendant had followed the standard procedure.