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How to Sue Your Attorney for Malpractice

To sue your attorney on charges of negligence, you must show that their negligence caused legal, monetary or other negative outcomes for you. It is not enough to prove the negligence of the attorney was a problem and you must prove an unambiguous link between the breach and the negative outcome.

Legal malpractice is not a matters of strategy. If you lose a lawsuit because your lawyer didn't submit the lawsuit on time this could be considered malpractice.

Misuse of Funds

One of the most popular kinds of legal Malpractice Lawyers is the misuse of funds by lawyers. Attorneys are bound by a fiduciary duty to their clients, and must act with trust and fidelity when handling money or other property that the client has given them.

When a client makes a payment for their retainer and the lawyer is required by law to place that money into an escrow account that is exclusively utilized for that particular case. If the attorney utilizes the escrow funds for personal use or co-mingles it with their own funds it is in violation of their fiduciary obligations and could be charged with legal misconduct.

For example, imagine that a client hires their attorney to represent them in the case of a driver who hit them as they were crossing the street. The client could prove the driver's negligence as well as that the collision caused the injuries they sustained. However, their lawyer is not aware of the statute of limitations and is unable to file the case in time. Therefore, the case is dismissed and the person who was hurt suffers financial losses because of the lawyer's mistake.

The time frame for suing an attorney for negligence is governed by a statute that limits the time for suing which can be a challenge to determine in a situation where a loss or injury resulted from the attorney's negligence. A New York attorney who is experienced in malpractice law can explain the statute of limitations and assist you in determining if you have a case that is eligible for an action.

Failure to Follow the Rules of Professional Conduct

Legal malpractice is when an attorney fails to adhere to the generally accepted standards of professional conduct, and harms the client. It is the result of four elements of the most common torts: an attorney-client relationship as well as breach of duty and the proximate cause.

Some examples of malpractice are lawyers who mix personal and trust funds, failing to timely to file suit within timeframes, pursuing cases where they are not competent, not conducting a conflict check and not keeping up to current on 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 does not only include email or fax and also includes responding to phone calls promptly.

Attorneys can also commit fraud. This can be done by lying to the client or to anyone else involved in the investigation. It is important to know the facts so that you can determine if the attorney was untruthful. A breach of the agreement between the attorney and client occurs when an attorney is able to handle an issue that is not within their area of expertise without informing the client or informing them to seek out independent counsel.

Failure to Advise

When a client hires an attorney, this means they've reached a point where their legal situation is beyond their capabilities and experience and they can no longer resolve it by themselves. The lawyer is required to inform clients of the importance of the case, the potential risks and costs involved, as well as their rights. An attorney who fails to provide this advice could be held accountable.

Many legal malpractice cases result from poor communication between attorneys and their clients. An attorney may not return phone call or fail to inform their clients of a particular decision that they have made on their behalf. Attorneys may also fail to share important information about the case or fail reveal any problems that may arise from an transaction.

A client may sue an attorney if they've suffered financial losses due to the negligence of the lawyer. The losses must be documented, which will require documents such as client files emails, correspondence between the attorney and the client, along with bills. In cases of theft or fraud It may be required to engage an expert witness to review the case.

Failure to Follow the Law

Attorneys must abide by the law and be aware of what it means in specific situations. If they don't, they could be guilty of malpractice. Examples include mixing client funds with theirs, using settlement proceeds to pay for personal expenses, and failing to do basic due diligence.

Another type of legal malpractice lawyers includes the failure to file a lawsuit within the timeframe of limitations, ignoring deadlines for filing court documents or not adhering to the Rules of Professional Conduct. Attorneys must disclose any conflicts of interests. This means they must inform clients of any personal or financial concerns that could impact their decision-making process when representing them.

Finally, attorneys are obligated to abide by the instructions of their clients. If a client asks them to take particular action the attorney must comply with those instructions unless there's any reason that suggests it is not beneficial or possible.

In order to prevail in a malpractice suit the plaintiff has to prove that the lawyer breached their duty of care. It can be difficult to prove that the defendant's inaction or actions caused harm. It isn't enough to prove that the attorney's error caused a bad result. A malpractice claim must also demonstrate that there was a significant likelihood that the plaintiff's lawsuit would have been won if the defendant had followed the standard procedure.