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on June 17, 2024
How to Sue Your Attorney for Malpractice
If you want to sue your attorney for malpractice, you must prove that their negligence caused financial, legal or other negative consequences for you. It is not enough to prove the attorney's negligence was bad but you must also prove an unambiguous link between the breach and the unfavorable outcome.
Legal malpractice does not cover issues of strategy. If you lose a case because your lawyer failed to file the lawsuit on time, this could be an act of malpractice.
Inappropriate use of funds
A misuse of funds by lawyers is one of the most common kinds of legal negligence. Attorneys 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 entrusted them with.
If a client is required to pay their retainer and the lawyer is required by law to put that money into an funds that are only intended for the specific case. If the attorney combines the account with their personal funds or makes use of it for other purposes, this is a clear breach of fiduciary responsibility and could result in legal fraud.
Imagine, for instance, that a customer hires their attorney to represent them in the case of a driver who struck them as they were walking along the street. The client has proof that the driver was negligent, and can prove that the collision caused their injuries. Their lawyer, however, does not follow the law and is unable file the case on time. The lawsuit is dismissed, and the victim is liable for financial loss as a result of the lawyer's mistake.
The time limit to sue an attorney for malpractice is limited by a statute of limitations which can be difficult to determine in cases where a loss or injury resulted from the attorney's negligence. A competent New York attorney with experience in the field of malpractice law can explain the time limit to you and assist you determine if your case is a good fit for a legal malpractice lawsuit.
Do not follow the rules of professional conduct
Legal malpractice occurs the case when a lawyer doesn't adhere to generally accepted professional standards and results in harm to the client. It is required to meet the four components of the most common torts: an attorney-client relationship and a duty, breach and the proximate cause.
Some examples of malpractice are a lawyer mixing trust and personal account funds, failing to timely make a claim within the statute of limitations, taking on cases in which they are not competent, not performing a proper conflict check, as well as not being up-to-date on court proceedings or new developments in law that could impact the case. Lawyers must communicate with their clients in a timely manner. This is not limited to the use of faxes and email, but also the ability to return phone calls promptly.
It is also possible for lawyers to commit fraud. This can be done in various ways, which includes lying to the client or anyone else involved in the case. In this scenario it is crucial to have the facts on hand so that you can determine if the attorney was dishonest. It's also a violation of the attorney-client agreement if an attorney is assigned an assignment that is not within the scope of their area of expertise and fails to inform the client about this or advise them to seek separate counsel.
Inability to inform
When a client employs an attorney, it means they have reached the stage where their legal issue is beyond their own skill and experience and they are no longer able to resolve it on their own. It is the lawyer's duty to inform clients about the benefits of a case in addition to the costs and risk involved, as well as their rights. When an attorney fails to do this, they may be guilty of malpractice.
Many legal malpractice claims result from a lack of communication between attorneys and their clients. An attorney may not return the phone or fail inform their clients of a specific decision that they have made on their behalf. An attorney might also neglect to share important information about an instance or fail to disclose known problems with a transaction.
It is possible to bring a lawsuit against an attorney for negligence, however, a client must show that they suffered financial losses as a result of the negligence of the lawyer. The losses must be documented, which requires documents such as client files, emails and other correspondence between the attorney and the client, as well bills. In the case of fraud or theft an expert witness could be required to examine the case.
Inability to Follow the Law
Attorneys are required to follow the law and understand the way it is applied in particular situations. If they don't and they don't, they could be found guilty of Malpractice Lawyers. Examples include mixing client funds with theirs or using settlement funds to pay for personal expenses, and not performing basic due diligence.
Other instances of legal malpractice include failing to file a suit within the statute of limitation, missing court filing deadlines and not observing the Rules of Professional Conduct. Attorneys must disclose any conflicts of interests. They must inform clients of any financial or personal interests that could influence their judgement when representing them.
In addition, attorneys are required to comply with the directions of their clients. Attorneys must follow the instructions of clients, unless it is clear that the actions is not beneficial.
In order to prevail in a malpractice case, the plaintiff has to show that the lawyer acted in violation of his duty of care. This isn't easy, since it requires proof that the defendant's actions or negligence caused damages. It is not enough to demonstrate that the attorney's wrongful actions led to a poor outcome. A malpractice claim must also prove that there was a high likelihood that the plaintiff's lawsuit could have been settled if the defendant had followed the standard procedure.