How to Sue Your Attorney for Malpractice
To sue your attorney for malpractice, you must prove that the breach of duty led to financial, legal or other negative consequences for you. It’s not enough to prove that the negligence of your attorney was injurious but you must also prove a direct link between the breach and the unfavorable outcome.
Legal malpractice does not cover issues of strategy. However, if you lose a case due to your lawyer did not file the lawsuit within the timeframe this could be considered an act of malpractice.
Misuse of funds
One of the most common types of legal malpractice is the misuse of funds by lawyers. Lawyers have a fiduciary obligation with their clients and are expected to behave with the utmost trust and fidelity, especially when handling money or other property that the client has handed over to them.
When a client makes a retainer, their lawyer is required to deposit the money in a separate escrow account that is designated for that case’s purpose only. If the lawyer co-mingles the escrow account with their own personal funds or uses it for any other purpose it is a clear violation of fiduciary duty and could constitute legal misconduct.
For example, imagine that a client hires an attorney to represent them in the case of a driver who hit them while they were walking along the street. The client is able to prove that the driver was negligent, and can prove that the accident caused their injuries. Their lawyer violates the law and is unable to file the case in time. The lawsuit is dismissed and the person who was hurt is liable for financial losses due to the lawyer’s error.
A statute of limitation limits the time that you can sue an lawyer for malpractice. This can be difficult to calculate when an injury or loss is caused by negligence of the lawyer. A reputable New York attorney with experience in the field of malpractice law will be able to explain the time limit to you and help determine if your situation is a good fit for a legal malpractice suit.
Do not follow the rules of professional conduct
Legal malpractice is the case when a lawyer doesn’t adhere to generally accepted professional standards and results in harm to the client. It is the result of four elements of most torts: an attorney-client relation, a duty, breach and proximate cause.
Some examples of malpractice are lawyers who mix personal and trust funds, failing to timely to file suit within the statute of limitations, pursuing cases in which they aren’t competent, failing to conduct an investigation into conflicts and not staying up to the current court proceedings or any other developments in law that could impact the case. Lawyers also have a duty to communicate with clients in a timely manner. This includes not just the use of faxes and email, but also the ability to return phone calls promptly.
Attorneys can also commit fraud. This can occur in various ways, which includes lying to the client or anyone else involved in the case. In this case it is crucial to have the facts in your possession to determine if the lawyer was deceitful. It’s also a violation of the contract between attorney and client if an attorney is assigned an assignment that is not within the scope of their expertise and fails to inform the client of this or recommend seeking separate counsel.
Inability to inform
If a client engages an attorney, it is a sign that they’ve reached a point where their legal situation is beyond their capabilities and experience and they are unable to resolve it by themselves. The lawyer is required to inform clients about the merits of the case, the risks and costs involved, as well as their rights. If a lawyer fails to comply with this requirement, they could be guilty of malpractice attorney.
Many legal malpractice claims are the result of poor communication between attorneys, and their clients. A lawyer may not answer a calls or fail to inform their clients of a particular decision that they have made on their behalf. A lawyer may also fail to provide important information regarding the case or fail to disclose known problems with an transaction.
It is possible to claim a lawyer’s negligence, but the client must prove that they suffered financial losses due to of the negligence of their lawyer. These losses must be documented. This requires evidence, like email files and client files, or any other correspondence between an attorney and a client as well bills. In cases involving 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 obligated to follow the law and comprehend the laws that apply to specific circumstances. They could be found guilty of malpractice in the event that they fail to follow. Examples include mixing funds from clients with theirs and using settlement proceeds to pay for personal expenses, and not doing basic due diligence.
Other instances of legal malpractice attorney are failure to file a lawsuit within the statute of limitation, missing court filing deadlines and not observing the Rules of Professional Conduct. Attorneys must declare any conflicts of interest. This means they must inform clients of any personal or financial interests that might affect their judgment in representing them.
Attorneys are also required to adhere to the instructions of their clients. Attorneys are required to follow the directions of clients unless it is obvious that the action will not be beneficial.
To prevail in a malpractice lawsuit, the plaintiff has to show that the lawyer acted in violation of his duty of care. It can be challenging to prove that the defendant’s lapses or actions caused damage. It is not enough to prove that the attorney’s error caused a bad result. A malpractice claim must also demonstrate that there was a high likelihood that the plaintiff’s lawsuit would have been won if the defendant had followed standard procedures.