How to Sue Your Attorney for Malpractice
To claim a lawyer's malpractice, you have to show that the breach caused financial, legal, or other consequences for you. You must show that there was a direct link between your attorney's incompetence and the negative outcome.
Legal malpractice is not a issues of strategy. If you lose a case due to your lawyer did not submit the lawsuit on time it could be a case of malpractice.
Inappropriate use of funds
Misuse of funds by lawyers is one of the most widespread types of legal fraud. Attorneys have a fiduciary relationship with their clients and are expected to act with a high degree of trust and fidelity, especially when dealing with funds or other property that the client has left to them.
When a client pays their retainer, the lawyer is required by law to place that money in an funds that are only utilized for that particular case. If the attorney co-mingles the account with their own personal funds or makes use of it for any other purpose it is a clear breach of fiduciary responsibility and could be considered legal fraud.
For example, imagine that a client hires an attorney to represent them in a lawsuit against a driver who struck them as they were walking across the street. The client can prove that the driver was negligent and could prove that the collision caused their injuries. However, their lawyer is not aware of the deadline and is in a position to file the lawsuit within the timeframe. The lawsuit is dismissed and the injured party is financially harmed because of the lawyer's mistake.
A statute of limitations limits the time it takes to bring a lawsuit against a lawyer for malpractice. This can be difficult to determine when an injury or loss was caused by negligence of the lawyer. A competent New York attorney with experience in the field of malpractice law can explain the time limit to you and help determine if your case is suitable for a legal malpractice suit.
Failure to Follow the Rules of Professional Conduct
Legal
malpractice attorneys occurs when an attorney does not adhere to generally accepted professional standards, and inflicts harm on the client. It is required to meet the four components of the most common torts: an attorney-client relation as well as breach of duty and proximate cause.
Some examples of malpractice are the lawyer mixing personal and trust funds, not submitting claims in time to file suit within the time limits, taking cases in which they are not competent, not conducting an examination of conflicts and not being up to the latest court proceedings or any new legal developments that could impact the case. Lawyers must communicate with their clients in a fair and reasonable manner. This includes not just email and faxes but also resolving telephone calls promptly.
It is also possible for attorneys to commit fraud. This can happen in a variety of ways, including lying to the client or anyone involved in a case. It is essential to learn the facts in order to determine whether the attorney was untruthful. A violation of the attorney-client agreement occurs when an attorney is able to handle an issue that is not within their area of expertise without advising the client or advising them to seek independent counsel.
Failure to provide advice
If a client decides to hire an attorney, it indicates that they have reached the stage where their legal problem is beyond their capabilities or experience and they are unable to resolve it by themselves. The lawyer is obliged to inform clients of the merits of the case, the risks and costs involved, as well as their rights. A lawyer who fails to do this could be guilty.
Many legal malpractice claims stem from poor communication between attorneys and their clients. For example attorneys may not respond to phone calls or fail to notify their clients of a decision taken on their behalf. Attorneys may also fail to provide important information regarding the case or fail to identify any issues with the transaction.
A client may sue an attorney if they've suffered financial losses as a result of the lawyer's negligence. The losses must be documented, which will require documents such as client files, emails and other correspondence between the lawyer and the client, along with bills. In the case of fraud or theft, an expert witness may be required to review the case.
Failure to Follow the Law
Attorneys are bound by the law and know the laws that apply to specific situations. If they fail to do so or don't, they could be accused of misconduct. Examples include combining client funds with their own or using settlement proceeds to pay personal expenses, or not performing basic due diligence.
Another instance of legal misconduct includes the failure to file a lawsuit within the statute of limitations, failing to meet deadlines for filing in court, and not following the Rules of Professional Conduct. Attorneys are also obligated to disclose any conflicts of interest. They must disclose to clients any personal or financial interest that could affect their judgment when representing them.
Finally, attorneys are obligated to comply with the directions of their clients. Attorneys must follow instructions from clients unless it is evident that the act would not be beneficial.
To prevail in a malpractice suit the plaintiff must demonstrate that the lawyer breached their duty of care. It can be challenging to establish that the defendant's inaction or actions resulted in damage. It is not enough to prove that the attorney's error led to a poor outcome. A
malpractice claim must prove that there was a substantial chance that the plaintiff's claim would have been won if the defendant had followed standard procedures.