Are Malpractice Lawyers The Same As Everyone Says?

How to Sue Your Attorney for Malpractice

If you wish to sue your attorney over negligence, you must show that their negligence caused legal, monetary or other negative effects for you. You must show a direct connection between the attorney's negligence and the negative outcome.

Matters of strategy do not qualify as legal malpractice, however, if your lawyer fails to file a lawsuit in time and you lose the case, it could be a case of malpractice.

Inappropriate use of funds

One of the most frequent types of legal malpractice involves the misuse of funds by a lawyer. Lawyers are legally bound by a fiduciary responsibility to their clients and must behave with confidence and fidelity when handling money or other assets that the client has trusted them with.

When a client makes a retainer to their attorney, the lawyer is required to put that money into a separate escrow account that is specifically for the purpose of that case only. If the attorney uses the escrow fund for personal purposes or co-mingles it with their own funds the attorney is in breach of their fiduciary duty and could be charged with legal negligence.

Imagine, for example that a customer hires an attorney to represent him in a lawsuit filed against a motorist whose car hit them as they crossed the street. The client could prove the driver's negligence and that the accident led to the injuries they sustained. Their lawyer, however, does not follow the law and is unable to file the case on time. The lawsuit is dismissed and the person who was hurt is financially harmed due to the lawyer's mistake.

The statute of limitations limit the amount of time you can sue an lawyer for malpractice. It can be a challenge to determine when an injury or loss was due to the negligence of the lawyer. A reputable New York attorney with experience in malpractice law can explain the time limit to you and help determine if your situation 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 the generally accepted standards of professional practice and causes harm to the client. It has the same four elements as most torts, which are an attorney-client relationship, a duty, a breach, and proximate causation.

A few examples of malpractice include lawyers who mix personal and trust funds, failing to file suit within timeframes, pursuing cases in which they're not competent, not conducting an investigation into conflicts and not keeping up to the latest court proceedings or any other legal developments that could affect the case. Lawyers are also required to communicate with clients in a reasonable manner. This is not limited to the use of faxes and email, but also resolving telephone calls promptly.

It is also possible for lawyers to commit fraud. This could be done by lying to the client, or anyone else involved in the investigation. In this situation it is essential to have the facts on the hands of the investigator to determine if the attorney was untruthful. A violation of the agreement between an attorney and a client occurs when an attorney takes an action outside of their expertise without informing the client about it or soliciting independent counsel.

Failure to provide advice

When a client employs a lawyer, it means that their legal issue has become beyond their skill and knowledge. They cannot resolve the issue themselves. It is the attorney's responsibility to provide advice to clients regarding the benefits of a case in addition to the costs and risk involved, as well as their rights. If a lawyer fails to perform this, they could be liable for malpractice.

Many legal malpractice cases are the result of poor communication between attorneys, and their clients. For example, an attorney might not return calls or fail to notify their clients of the decision made on their behalf. An attorney could also not communicate important details regarding a case, or fail to disclose known issues with an transaction.

A client may sue an attorney if they have suffered financial losses as a result of the lawyer's negligence. The losses must be documented, which will require evidence such as files of the client, emails and other correspondence between the lawyer and the client, as well bills. In cases of theft or fraud, it may also be required to be able to have an expert witness review the case.

Failure to Follow the Law

Attorneys are required to adhere to the law and comprehend the way it is applied in particular circumstances. They could be found guilty of malpractice if they do not. Examples include mixing client funds with theirs and using settlement proceeds 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, missing deadlines for filing court documents or not adhering to the Rules of Professional Conduct. Attorneys must also disclose any conflicts of interest. They must inform clients of any personal or financial interest which could affect their judgment when representing them.

Attorneys are also required to follow instructions from their clients. Attorneys are required to follow the directions of clients unless it is clear that the actions would not be beneficial.

In order to prevail in a malpractice lawsuit, the plaintiff must prove that the lawyer violated their duty of care. It can be challenging to prove that the defendant's actions or actions caused harm. It isn't enough to prove that the attorney's error caused a negative outcome. A malpractice attorney claim must prove that there was a significant likelihood that the plaintiff's lawsuit could have been won had the defendant had followed standard procedures.