Suzette Mullings asked 3 weeks ago
How to Sue Your Attorney for Malpractice
To sue your attorney for malpractice, you must demonstrate that the breach of duty resulted in financial, legal or other negative consequences for you. You must demonstrate an immediate connection between the attorney’s incompetence and the negative outcome.
Legal malpractice doesn’t include issues of strategy. If you lose a case due to your lawyer didn’t file the lawsuit in time This could be considered to be the result of malpractice.
The misuse of funds
One of the most frequent types of legal malpractice is a lawyer’s misuse of funds. Lawyers are bound by a fiduciary obligation to their clients, and must behave with trust and fidelity when handling money or any other property that the client has given them.
When a client is required to pay a retainer, their lawyer is required to put the money into an separate escrow account specifically destined for the purpose of the case only. If the attorney uses the escrow fund to pursue personal goals or mix it with their own funds and funds, they are in breach of their fiduciary obligations and could be accused of legal malpractice.
Imagine, for instance that a customer hires an attorney to represent him in a lawsuit against a driver whose car struck them when they crossed the street. The client has proof that the driver was negligent and is able to show that the accident caused their injuries. Their lawyer misses the statute and is unable file the case in time. Therefore, the case is dismissed and the party who was injured is financially harmed due to 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 difficult to calculate in a situation where a loss or injury resulted from the negligence of the attorney. A licensed New York attorney with experience in the field of malpractice law will be able to explain the statute of limitations to you and assist you to determine if your case is suitable for a legal malpractice lawsuit.
Inability to follow the Rules of Professional Conduct
Legal malpractice occurs when an attorney does not follow generally accepted professional standards, and inflicts harm on the client. It is the result of four elements of the most common torts: an attorney-client relation, a duty, breach and proximate cause.
A few examples of malpractice law firm include the lawyer combining their personal and trust funds, not submitting claims in time to file a suit within the statute of limitations, pursuing cases where they are not competent, failing to carry out an investigation into conflicts and not keeping up to current on court proceedings, or any new legal developments that could impact the case. Lawyers also have a duty to communicate with clients in a reasonable manner. This is not limited to email or fax and also includes responding to phone calls promptly.
Attorneys are also able to commit fraud. This can happen in a variety of ways, including lying to the client or anyone else involved in the case. It is essential to understand the facts so you can determine if the attorney is dishonest. It also constitutes a breach of the contract between attorney and client if an attorney decides to take on a case that is outside of their area of expertise and does not inform the client of this or recommend seeking separate counsel.
Failure to Advise
If a client decides to hire a lawyer, it signifies that their legal issue has been beyond their expertise and knowledge. They cannot resolve the issue themselves. The lawyer is obliged to inform clients about the advantages of the case, the risks and costs involved, and their rights. Lawyers who fail to do this may be held accountable.
Many legal malpractice claims stem from of poor communication between attorneys, and their clients. A lawyer may not answer a calls or fail to inform their clients about a specific decision taken on their behalf. An attorney may not be able to communicate crucial details regarding a case, or fail to disclose known issues in the transaction.
A client may sue an attorney if they have suffered financial losses as a result of the lawyer’s negligence. The losses should be documented. This requires evidence, such as client files and emails, or any other correspondence between an attorney and a client and also bills. In the case of fraud or theft an expert witness might be required to look into the case.
Inability to Follow the Law
Attorneys must follow the law, and know what it means in specific situations. They could be found guilty of malpractice Lawyers when they fail to do so. Examples include combining funds from clients with their own or using settlement proceeds to pay personal expenses, and not performing basic due diligence.
Other examples of legal malpractice include failure to file a suit within the time limit and missing court filing deadlines and not complying with the Rules of Professional Conduct. Attorneys must also declare any conflicts of interest. They must disclose to clients any financial or personal interest that might affect their judgment when representing them.
Attorneys are also required to adhere to the instructions of their clients. Attorneys must follow instructions from clients unless it is obvious that the action is not beneficial.
In order to prevail in a malpractice case the plaintiff must prove that the lawyer violated his duty of care. It can be difficult to prove that the defendant’s inaction or actions caused damage. It isn’t enough to prove that the attorney’s negligence resulted in a bad outcome. A malpractice claim must also show that there was a significant likelihood that the plaintiff’s lawsuit could have been settled if the defendant had followed standard procedures.