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How to Sue Your Attorney for Malpractice

To bring a lawsuit against an attorney for negligence, you need to show that the breach of duty caused financial, legal or other implications for you. You must establish that there was a direct link between your attorney's negligence and the negative result.

Strategy-related issues do not qualify as legal malpractice, but if your lawyer fails to file a lawsuit on time and you lose the case this could be a type of malpractice.

Inappropriate use of funds

One of the most prevalent types of legal malpractice is a lawyer's misuse of funds. Lawyers have a fiduciary connection with their clients and are expected to behave with a high level of trust and fidelity, particularly when dealing with money or other property that the client has given to them.

When a client is required to pay retainer to their lawyer, the attorney is required to place the money into a separate escrow account designated for that case's purpose only. If the lawyer makes use of the escrow account for personal use or co-mingles it with their own funds the attorney is in breach of their fiduciary obligations and could be accused of legal negligence.

As an example, suppose that a client employs their attorney to represent them in the case of a driver who hit them while they were walking along the street. The client has the ability to prove driver's negligence and the collision resulted in their injuries. Their lawyer does not follow the law and is unable file the case in time. Therefore, the case is dismissed and the person who was hurt suffers financial losses because of the lawyer's error.

The time for suing an attorney for malpractice is limited by a statute of limitations which can be a challenge to calculate in a case where a loss or injury occurred as the result of the attorney's negligence. A qualified New York attorney with experience in the field of malpractice law will be able to explain the time limit to you and assist you determine if your case is a good candidate for a legal malpractice lawsuit.

Failure to Follow the Rules of Professional Conduct

Legal malpractice is when a lawyer does not adhere to generally accepted professional standards and causes harm to the client. It requires the four elements of the most common torts: an attorney-client relation as well as breach of duty and proximate cause.

A few examples of malpractice law firm include lawyers who mix personal and trust funds, failing timely to file suit within the statutes of limitations, taking cases in which they're not competent, failing to perform an investigation into conflicts and not keeping up to current on court proceedings, or any new developments in law that could affect the case. Lawyers also have a duty to communicate with clients in a reasonable way. This includes not just the use of faxes and email, but also returning telephone calls promptly.

Attorneys can also commit fraud. This can happen in a variety of ways, including lying to the client or anyone involved in a case. It is crucial to know the facts so you can determine if the attorney was untruthful. A violation of the attorney-client agreement occurs when an attorney takes an issue that is not within their area of expertise without advising the client or soliciting independent counsel.

Failure to Advise

When a client employs an attorney, it implies that their legal matter has become beyond their knowledge and experience. They are unable to solve the problem themselves. The lawyer is obliged to inform clients of the importance of the case, the risks and costs involved, as well as their rights. An attorney who fails to do this may be liable.

Many legal malpractice claims stem from of poor communication between lawyers, and their clients. For instance attorneys may not return phone calls or fail to notify their clients of a decision they made on their behalf. Attorneys may also fail to communicate important details about the case or fail reveal any problems that may arise from an transaction.

A client can sue an attorney if they've suffered financial losses due to the negligence of the lawyer. These losses must be documented. This requires evidence, such as email and client files, or any other correspondence between an attorney and a client, as well bills. In cases of fraud or theft an expert witness might be required to examine the case.

Failure to Follow the Law

Attorneys must adhere to the law and know how it applies to specific situations. They could be found guilty of malpractice if they do not. Examples include mixing client funds with their own, or using settlement proceeds for personal expenses, or failing to perform basic due diligence.

Another example of legal malpractice includes the failure to file a lawsuit within the statute of limitations, missing court filing deadlines and not observing the Rules of Professional Conduct. Attorneys are also obligated to disclose any conflict of conflicts of interest. This means that they must inform clients of any financial or personal interests that might affect their judgment in representing them.

Attorneys are also required to follow the instructions of their clients. If a client instructs them to take particular action the attorney must comply with those instructions unless there is an obvious reason that it is not advantageous or is not feasible.

In order to win a malpractice suit the plaintiff must prove that the lawyer violated his duty of care. It can be challenging to prove that the defendant's inaction or actions caused harm. It is not enough to demonstrate that the attorney's wrongful actions caused a bad result. A malpractice claim must also demonstrate that there was a high likelihood that the plaintiff's lawsuit would have been successful if the defendant had followed standard procedures.