How to Sue Your Attorney for Malpractice
To pursue an attorney’s malpractice, it is necessary to prove that the breach caused financial, legal or other implications for you. You must demonstrate that there was a direct link between your attorney’s negligence and the negative result.
Legal malpractice lawsuits does not cover issues of strategy. However, if you lose a case because your lawyer did not file the lawsuit in time this could be considered malpractice lawsuit.
Use of funds in a fraudulent way
Fraud in the handling of funds by lawyers is one of the most prevalent forms of legal fraud. Lawyers are legally bound by a fiduciary responsibility to their clients and must behave with trust and fidelity when handling funds or other property that the client has entrusted them with.
When a client pays a retainer to their attorney, the lawyer is required to deposit the money into a separate escrow account specifically for the purpose of that case only. If the attorney co-mingles the account with personal funds or uses it for any other purpose that is a clear breach of fiduciary duty, and could constitute legal malpractice.
Imagine, for example that a customer hires an attorney to represent him in a lawsuit filed against a driver whose car struck them while crossing the street. The client is able to prove the driver’s negligence and the collision resulted in the injuries they sustained. However, their lawyer fails to comply with the deadline and is in a position to file the lawsuit within the timeframe. Therefore, the case is dismissed and the injured party suffers financial loss due to the lawyer’s error.
A statute of limitation limits the amount of time you can pursue a lawyer’s malpractice. It can be a challenge to calculate when the loss or injury was caused by the attorney’s negligence. A New York attorney who is proficient in malpractice law can explain the statute of limitations and help you determine if you have a case that qualifies for a lawsuit.
Failure to follow the rules of professional conduct
Legal malpractice occurs when an attorney does not adhere to the generally accepted professional standards, and inflicts harm on the client. It requires the four elements of most torts: an attorney-client relationship, a duty, breach and proximate cause.
A few common examples of malpractice are a lawyer mixing trust and personal account funds, failing in time to file a lawsuit within the timeframe set by the statute of limitations and taking on cases in which they are not competent, not conducting a conflict check, and not staying up to date with court proceedings or new developments in law that could affect the case. Lawyers are also required to communicate with clients in a reasonable manner. This does not only include email and faxes but also resolving telephone calls promptly.
Attorneys are also able to commit fraud. It can be done by lying to the client or any other person involved in the investigation. It is essential to learn the facts so you can determine if the attorney was untruthful. A violation of the attorney-client agreement occurs when an attorney is able to handle an action outside of their expertise without informing the client about it or advising them to seek independent counsel.
Inability to inform
If a client decides to hire an attorney, this means they’ve reached the point where their legal situation is beyond their ability and experience and they are unable to resolve it on their own. Lawyers are required to inform clients about the merits of the case, the risks and costs involved, as well as their rights. An attorney who fails to do so may be liable.
Many legal Malpractice Lawyers claims stem from of poor communication between attorneys, and their clients. An attorney might not return a phone call or fail to inform their clients of a specific decision that they have made on their behalf. An attorney might also not communicate important details regarding a particular case, or fail to disclose known issues in the transaction.
It is possible to bring a lawsuit against an attorney for negligence, however, a client must prove that they suffered real financial losses because of the negligence of their lawyer. These losses must be documented. This requires evidence, like client files and emails or other correspondence between an attorney and client, and also bills. In cases involving fraud or theft It may be required to be able to have an expert witness review the case.
Failure to Follow the Law
Attorneys must adhere to the law, and know how it applies to specific circumstances. If they don’t or don’t, they could be accused of malpractice. Examples include combining funds from clients with their own or using settlement proceeds to pay personal expenses, and not performing basic due diligence.
Other instances of legal misconduct include failure to file a lawsuit within the statute of limitation or missing deadlines for filing with the court and not observing the Rules of Professional Conduct. Attorneys are also required to disclose any significant conflicts of interest. This means that they must inform clients of any personal or financial interests that might affect their judgment when representing them.
Attorneys must also follow the instructions of their clients. Attorneys are required to follow the directions of clients, unless it is clear that the action is not beneficial.
In order to win a malpractice suit, the plaintiff has to prove that the lawyer has violated his duty of care. It isn’t easy to establish that the defendant’s inaction or actions caused harm. It is not enough to prove that the attorney’s negligence caused a bad result. A malpractice claim must prove that there was a substantial likelihood that the plaintiff’s case would have been successful if the defendant had followed standard procedures.
