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How to Sue Your Attorney for Malpractice

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

Strategies do not qualify as legal malpractice law firm, however, if your lawyer does not file a lawsuit within the timeframe and you lose the case, that could be a form of malpractice.

Fraud in the use of funds

Fraud in the handling of funds by lawyers is one of the most widespread kinds of legal malpractice. Lawyers have a fiduciary obligation with their clients and are expected to behave with the utmost trust and fidelity, especially when handling funds or other property that the client has given to them.

If a client is required to pay their retainer, the lawyer is required by law to place that money in an funds that are only specifically used for the particular case. If the attorney makes use of the escrow fund for personal reasons or mixes it with their own funds the attorney is in breach of their fiduciary obligations and could be accused of legal misconduct.

For example, imagine that a customer hires their attorney to represent them in the case of a driver who slammed into them as they were crossing the street. The client has proof that the driver was negligent, and can show that the accident caused their injuries. But, their lawyer violates the deadline and is not able to file the case within the timeframe. The lawsuit is dismissed and the victim is financially harmed because of the lawyer's error.

A statute of limitation limits the amount of time you can sue an lawyer for malpractice. This can be difficult to determine if an injury or loss is caused by negligence of the lawyer. A New York attorney who is proficient in malpractice law will be able to explain the statute of limitations and help you decide if you have a case that is eligible for an action.

Disobedience to the Rules of Professional Conduct

Legal malpractice occurs when an attorney fails to adhere to the generally accepted professional standards and causes harm to the client. It has the same four elements as most torts, including an attorney-client relationship and a duty, a breach, and proximate causality.

A few examples of malpractice include lawyers who mix personal and trust funds, not submitting claims in time to file suit within statutes of limitations, taking cases in which they're not competent, failing to perform an examination of conflicts and not keeping up to the current court proceedings, or any new developments in law that could impact the case. Lawyers also have a responsibility to communicate with clients in a reasonable manner. This isn't just limited to emails and faxes and includes also returning phone calls in a timely manner.

It is also possible for lawyers to commit fraud. This could be done by lying to the client, or to anyone else involved in the case. It is crucial to know the facts so that you can determine if the attorney was insincere. It is also a breach of the attorney-client agreement if an attorney accepts 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

If a client engages an attorney, it means they've reached a point at which their legal situation is beyond their own skill and experience and that they are unable to resolve it by themselves. The lawyer is required to inform clients about the merits of the case, the potential risks and costs involved, and their rights. If a lawyer fails to do so may be held accountable.

Many legal malpractice claims stem from a lack of communication between attorneys and their clients. For example an attorney may not respond to phone calls or fail to inform their clients of a decision they made on their behalf. A lawyer may also fail to communicate important details about the case or fail identify any issues with the transaction.

A client can sue an attorney if they've suffered financial losses as a result of the lawyer's negligence. The losses have to be documented, which will require evidence such as files of the client email correspondence, other correspondence between the lawyer and the client, along with bills. In cases involving fraud or theft, it may also be required to be able to have an expert witness review the case.

Failure to Follow the Law

Attorneys must be in compliance with the law and be aware of what it means in specific situations. If they don't then they could be accused of malpractice. Examples include commingling client funds with their own, or using settlement proceeds to pay personal expenses, and failing to perform basic due diligence.

Other instances of legal misconduct include failure to file a suit within the statute of limitations and missing court filing deadlines and not observing the Rules of Professional Conduct. Attorneys must declare any conflicts of interest. This means that they must inform clients of any financial or personal interests that might affect their decision-making process when representing them.

Attorneys are also required to follow instructions from their clients. Attorneys must follow the instructions of clients, unless it is clear that the act will not be beneficial.

In order to prevail in a malpractice attorney case the plaintiff must prove that the lawyer has violated his duty of care. It isn't easy to prove that the defendant's inaction or actions caused damage. It's not enough to show that the result of the attorney's negligence was bad to be able to prove a malpractice lawyers (have a peek here) claim. to be successful, it has to be demonstrated that there's a high likelihood that the plaintiff could have won their case should the defendant followed the accepted practice.