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How to Sue Your Attorney for Malpractice

To sue an attorney for malpractice lawsuits, it is necessary to show that the breach of duty had negative legal, financial or other repercussions for you. It's not enough to prove that the negligence of your attorney was injurious and you must prove that there is a direct connection between the breach and the undesirable outcome.

Strategies do not qualify as legal malpractice, however, if your lawyer does not submit a lawsuit on time and you lose the case that could be a form of malpractice.

The misuse of funds

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

If a client pays their retainer to a lawyer, they are required by law to deposit the money in an escrow account that is exclusively intended for the specific case. If the attorney co-mingles the escrow account with personal funds, or uses it for any other purpose this is a blatant breach of fiduciary duty, and could result in legal negligence.

Imagine, for example that a client hires an attorney to represent him in a lawsuit filed against a driver whose vehicle struck them when they crossed the street. The client has evidence that the driver was negligent and can show that the accident caused their injuries. The lawyer however does not follow the law and is unable file the case in time. The lawsuit is dismissed and the party who was injured suffers financial losses as a result of the lawyer's error.

The time to sue an attorney for negligence is governed by a statute that limits the time for suing which can be a challenge to calculate in a situation where a loss or injury occurred as the result of the attorney's negligence. A New York attorney who is knowledgeable about malpractice law can explain the statute of limitation and assist you in determining if you have a case that is eligible for an action.

Inability to follow the Rules of Professional Conduct

Legal malpractice occurs when a lawyer does not adhere to the generally accepted standards of professional practice and results in harm to the client. It has the same four elements of most torts, which are an attorney-client relationship as well as a duty, breach, and proximate causation.

Some common instances of malpractice are a lawyer mixing their personal and trust account funds, failing to timely file a lawsuit within the timeframe set by the statute of limitations and taking on cases in which they are not competent, not performing an investigation into conflicts, and not keeping up to date with court proceedings or new developments in law that could impact the case. Lawyers also have a duty to communicate with clients in a reasonable manner. This doesn't only apply to email and faxing as well as returning telephone calls in a timely manner.

It is also possible for lawyers to engage in fraud. This could be accomplished by lying to the client or to anyone else involved in the investigation. In this instance it is imperative to have the facts on hands so that you can determine if the attorney was deceitful. It's also a violation of the attorney-client contract when an attorney is assigned an issue that is outside of their area of expertise and does not inform the client about this or suggest that they seek separate counsel.

Failure to Advise

When a client hires an attorney, this means they've reached the point at which their legal situation is beyond their capabilities and experience and they can no longer resolve it by themselves. The lawyer is required to inform clients of the benefits of the case, the risks and costs involved, and their rights. If an attorney fails to perform this, they could be found guilty of malpractice.

Many legal malpractice claims stem due to poor communication between attorneys and their clients. An attorney might not return a calls or fail to inform their clients of a certain decision they made on their behalf. An attorney may also fail to communicate important details regarding a case, or fail to inform clients of issues in a transaction.

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

Inability to Follow the Law

Attorneys must be in compliance with the law, and know how it applies to specific situations. They could be found guilty of malpractice if they don't. Examples include mixing funds from clients with theirs or using settlement funds to pay for personal expenses and not performing basic due diligence.

Another example of legal malpractice is failure to file a lawsuit within the statute of limitations, not meeting deadlines for filing court documents, and not following the Rules of Professional Conduct. Attorneys must disclose any conflicts of interests. They must inform clients of any financial or personal interest that might affect their judgment when representing them.

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

To win 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 actions or actions caused harm. It's not enough to prove that the result of the negligence of the attorney was detrimental; for a malpractice claim to be successful, it must be demonstrated that there's a high likelihood that the plaintiff could have won the case should the defendant followed the accepted practice.