How to Sue Your Attorney for Malpractice

To pursue an attorney's clinton malpractice attorney, you have to show that the breach of duty resulted in negative financial, legal or other repercussions for you. It's not enough to demonstrate that the negligence of your attorney was injurious; you must also show an immediate link between the breach and the undesirable outcome.

Legal malpractice is not a issues of strategy. If you lose a lawsuit because your lawyer failed to submit the lawsuit on time this could be considered the result of malpractice.

Inappropriate use of funds

One of the most common types of legal malpractice involves the misuse by a lawyer of funds. Lawyers have a fiduciary connection with their clients and are required to act with the utmost trust and fidelity, especially when dealing with money or other property that the client has left to them.

When a client pays their retainer and the lawyer is required by law to place that money in an escrow fund that is only specifically used for the particular case. If the attorney mixes the escrow account with personal funds, or uses it for other purposes, this is a clear violation of fiduciary duty and could constitute legal malpractice.

Imagine, for instance, that a client hired an attorney to represent him in a lawsuit against a driver whose car was struck by them as they crossed the street. The client is able to prove the driver's negligence and that the collision resulted in their injuries. Their lawyer fails to comply with the law and is not able to file the case in time. The lawsuit is dismissed, and the person who was injured is liable for financial loss as a result of the lawyer's error.

The time frame for suing an attorney for negligence is governed by a statute of limitations, which can be tricky to determine in cases where a loss or Vimeo.Com injury was the result of the negligence of the attorney. A New York attorney who is experienced in malpractice law will be able to explain the statute of limitations and help you determine if you have a case which is suitable for a lawsuit.

Failure to follow the Rules of Professional Conduct

Legal malpractice occurs when an attorney fails to adhere to generally accepted professional standards and harms the client. It is based on the same four elements that are common to all torts, which include an attorney-client relationship, a duty, a breach, and proximate causation.

A few examples of malpractice include the lawyer mixing personal and trust funds, failing to timely to file suit within the timeframes, pursuing cases in which they're not competent, failing to conduct an examination of conflicts and not being up-to the current court proceedings or any new legal developments that could affect the case. Lawyers are required to communicate with their clients in a fair and reasonable manner. This doesn't just mean emails and faxes, but also answering phone calls promptly.

It is also possible for attorneys to commit fraud. It can be done in a variety of ways, including lying to the client or to anyone else involved in the case. In this scenario it is imperative to have all the facts at hand so that you can determine if the lawyer was being insincere. A violation of the agreement between an attorney and a client occurs when an attorney handles an issue that is not within their expertise without advising the client or soliciting independent counsel.

Failure to Advise

If a client engages an attorney, this means they've reached the stage where their legal issue is beyond their expertise or experience and they are no longer able to resolve it on their own. The lawyer is required to inform clients of the importance of the case, the risks and costs involved, as well as their rights. If an attorney fails to do this, they may be found guilty of malpractice.

Many legal malpractice cases result from poor communication between attorneys and their clients. For instance an attorney may not return phone calls or fail to inform their clients of the decision made on their behalf. An attorney may not also communicate vital details regarding a particular case, or not disclose any known issues in a transaction.

A client can sue an attorney if they have suffered financial losses due to the negligence of the lawyer. The losses must be documented, which will require documents such as client files emails, client files, and other correspondence between the attorney and the client, as well as bills. In the case of theft or fraud it could be required to be able to have an expert witness review the case.

Failure to Follow the Law

Attorneys must abide by the law and know how it applies to specific circumstances. They could be found guilty of misconduct if they do not. Examples include combining client funds with their own or using settlement proceeds for personal expenses, and failing to perform basic due diligence.

Other instances of legal misconduct include failure to file a suit within the statute of limitations, missing court filing deadlines and not observing the Rules of Professional Conduct. Attorneys are also required to disclose any material conflicts of interest. This means that they must inform clients of any financial or personal interest that could influence their judgment in representing them.

Attorneys must also follow the instructions of their clients. If a customer instructs the attorney to take specific actions then the attorney must follow the instructions, unless there's any reason that suggests it would not be beneficial or possible.

In order to win a malpractice suit the plaintiff must demonstrate that the lawyer did not fulfill his duty of care. This can be a challenge, because it requires proving that the defendant's actions or inaction caused damages. It's not enough to prove the result of the attorney's negligence was negative in order for a malpractice claim to be successful, it must be proven that there is a high probability that the plaintiff would have prevailed when the defendant had acted in accordance with the usual procedure.