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How to Sue Your Attorney for Malpractice

If you wish to sue your attorney over malpractice, you have to prove that their negligence caused legal, monetary or other negative outcomes for you. It's not enough to prove the attorney's negligence was bad and you must prove an immediate link between the breach and the negative outcome.

The nuances of strategy don't qualify as legal malpractice, however, the lawyer you hire fails to submit a lawsuit on time and you lose the case, that could be a form of malpractice.

Misuse of Funds

One of the most popular kinds of legal malpractices is the misuse of funds by lawyers. Lawyers have a fiduciary connection with their clients and are expected to act with the utmost trust and fidelity, particularly when dealing with money or other property that the client has entrusted to them.

If a client is required to pay their retainer, the lawyer is required by law to put that money into an fund for escrow that is exclusively intended for the specific case. If the attorney co-mingles the escrow account with their personal funds, or uses it for any other purpose this is a blatant violation of fiduciary duty and could be considered legal misconduct.

As an example, suppose that a client hires an attorney to represent them in the case of a driver who struck them as they were walking across the street. The client can prove that the driver was negligent, and can prove that the collision caused their injuries. But, their lawyer violates the statute of limitations and is incapable of bringing the case in time. The lawsuit is dismissed, and the injured party is financially harmed because of the lawyer's mistake.

The time frame for suing an attorney for malpractice is limited by a statute that limits the time for suing, which can be tricky to determine in cases where a loss or injury resulted from the attorney's negligence. A qualified New York attorney with experience in malpractice law can explain the statute of limitations to you and help determine if your case is suitable for a legal malpractice suit.

Failure to Follow the Rules of Professional Conduct

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

A few examples of malpractice include lawyers who mix personal and trust funds, failing timely to file a suit within the time limits, taking cases in which they aren't competent, not conducting an investigation into conflicts and not being up-to the current court proceedings or any recent developments in law that could impact the case. Lawyers also have a responsibility to communicate with clients in a timely manner. This doesn't only apply to emails and faxes and also includes returning phone calls promptly.

It is also possible for lawyers to commit fraud. This can be done by lying to the client or to anyone else involved in the case. In this case it is essential to have the facts in the hands of the investigator to determine if the lawyer was being dishonest. A breach of the agreement between the attorney and client occurs when an attorney is able to handle an action outside of their expertise without advising the client or soliciting independent counsel.

Inability to provide advice

If a client engages an attorney, it indicates that they have reached the point where their legal situation is beyond their expertise and experience and that they are unable to solve it by themselves. Lawyers are required to inform clients of the importance of the case, the risks and costs involved, and their rights. Lawyers who fail to provide this advice could be held accountable.

Many legal malpractice attorneys claims result from a lack of communication between lawyers and their clients. Attorneys may not respond to phone calls or fail to inform their clients of a certain decision made in their behalf. A lawyer may also fail to disclose important information about an instance or fail to reveal any problems that may arise from transactions.

It is possible to sue an attorney for negligence, but the client must show that they suffered financial losses as a result of the lawyer's negligence. The losses must be documented, which will require documents such as client files emails, correspondence between the attorney and the client, as well bills. In the event of fraud or theft an expert witness could be required to examine the case.

Inability to Follow the Law

Attorneys must abide by the law and be aware of the law's implications for specific circumstances. They could be found guilty of malpractice if they do not. Examples include mixing client funds with their own or using settlement funds to pay for personal expenses, and not doing basic due diligence.

Another example of legal malpractice is failure to file a lawsuit within the statute of limitations, failing to meet deadlines for filing in court, and not following the Rules of Professional Conduct. Attorneys are also required to disclose any conflicts of interest. They must inform clients of any personal or financial interest that might affect their judgment when representing them.

Additionally, attorneys are required to comply with the directions of their clients. Attorneys must follow instructions from clients, unless it is clear that the actions would not be beneficial.

In order to win a malpractice lawsuit the plaintiff must show that the lawyer breached their duty of care. This can be difficult since it requires proving the defendant's actions or inaction caused damages. It's also not enough to prove the result of the negligence of the attorney was bad in order for a malpractice claim to succeed, it needs to be shown that there is a high likelihood that the plaintiff would have prevailed should the defendant followed the usual procedure.