How to Sue Your Attorney for Malpractice

To bring a lawsuit against an attorney for malpractice, it is necessary to show that the breach of duty caused financial, legal or other implications for you. You must demonstrate an immediate connection between the attorney's negligence and the negative result.

Strategies do not constitute legal malpractice, however, the lawyer you hire fails to file a lawsuit in time and you lose the case, this could be a type of malpractice.

The misuse of funds

One of the most common types of legal malpractice involves a lawyer's misuse of funds. Attorneys have a fiduciary relationship with their clients and are expected to behave with the highest degree of trust and fidelity, especially when dealing with money or other property that the client has entrusted to them.

If a client pays their retainer and the lawyer is required by law to keep that money in an fund for escrow that is exclusively intended for the specific case. If the attorney uses the escrow fund for personal use or co-mingles it with their own funds, they are in violation of their fiduciary duties and could be charged with legal misconduct.

For example, imagine that a client employs their attorney to represent them in an action against a motorist who slammed into them as they were walking along the street. The client is able to prove that the driver was negligent and can show that the accident caused their injuries. Their lawyer violates the law and is not able to file the case on time. Thus, the lawsuit is dismissed and the party who was injured suffers financial losses because of the lawyer's mistake.

The time limit to sue an attorney for malpractice is limited by a statute-of-limitations that can be difficult to determine in a situation where a loss or injury occurred as the result of the attorney's negligence. A licensed New York attorney with experience in the field of malpractice law can explain the time limit to you and assist you to determine if your case is a good candidate for a legal malpractice lawsuit.

Do not follow the professional rules of conduct

Legal malpractice occurs when a lawyer fails to follow generally accepted professional standards and results in harm to the client. It entails the same four elements as the majority of torts, including an attorney-client relationship and a duty, a breach, and proximate cause.

Some typical examples of malpractice are a lawyer commingling their personal and trust account funds, failing to timely file a lawsuit within the time limit or taking on cases where they are not competent, not performing a proper conflict check, as well as not keeping up-to-date with court proceedings or other developments in the law that may affect the case. Lawyers also have a duty to communicate with clients in a reasonable manner. This does not only include emails and faxes, but also the ability to return phone calls promptly.

Attorneys are also able to commit fraud. This can be done in a variety of ways, including lying to the client or anyone else involved in the case. In this instance it is crucial to have all the facts at your possession to determine if the attorney was insincere. It's also a violation of the attorney-client agreement if an attorney decides to take on cases that are outside of their expertise and does not inform the client about this or suggest they seek out separate counsel.

Inability to inform

When a client engages an attorney, it implies that their legal situation has become beyond their skill and experience. They are unable to resolve it themselves. The lawyer's job is to inform clients of the merits of a case along with the costs and risks involved, as well as their rights. When an attorney fails to perform this, they could be found guilty of malpractice.

Many legal Southaven Malpractice Lawyer 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 a decision they made on their behalf. An attorney could not also communicate vital information regarding a case or not disclose any known problems with an transaction.

It is possible to bring a lawsuit against an attorney for negligence, but a plaintiff must prove that they have suffered financial losses as a result due to the negligence of the attorney. The losses have to be documented, which requires evidence such as client files emails, correspondence between the attorney and the client, as well as bills. In the event of fraud or theft, it may also be necessary to get an expert witness to look into the case.

Failure to Follow the Law

Attorneys are required to adhere to the law and know the law's implications in particular circumstances. If they fail to do so or don't, they could be accused of malpractice. Examples include mixing client funds with theirs or using settlement funds to pay for personal expenses, and failing to do basic due diligence.

Other examples of legal malpractice include failure to file a lawsuit within the statute of limitation or missing deadlines for filing with the court and not adhering to the Rules of Professional Conduct. Attorneys are also obligated to disclose any conflict of interests. They must disclose to clients any financial or personal interests that could affect their judgment when representing them.

Attorneys are also required to adhere to the instructions of their clients. Attorneys must abide by the instructions of clients unless it is clear that the action is not beneficial.

To win a liberty malpractice lawsuit lawsuit, the plaintiff has to demonstrate that the lawyer did not fulfill his duty of care. This can be difficult because it requires proving that the defendant's actions or inaction caused damages. It's not enough to prove that the result of the negligence of the attorney was bad; for a hackensack malpractice lawsuit claim to be successful, it has to be proven that there is a high probability that the plaintiff would have won their case when the defendant had acted in accordance with standard practice.