How to Sue Your Attorney for Malpractice

To sue your attorney on charges of malpractice, you have to prove that their breach of duty caused legal, monetary or other negative consequences for you. You must prove a direct connection between the attorney's negligence and the negative outcome.

Legal malpractice is not a issues of strategy. However, if you lose a lawsuit because your lawyer failed to submit the lawsuit on time, this could be an act of malpractice.

The misuse of funds

A misuse of funds by a lawyer is among the most prevalent kinds of legal negligence. Lawyers are required to fulfill a fiduciary duty to their clients, and must behave with trust and fidelity when handling money or other property that the client has trusted them with.

When a client is required to pay retainer to their lawyer, the lawyer is required to deposit the money in a separate escrow account specifically for the purpose of that case only. If the attorney mixes the escrow account with their personal funds or makes use of it for other purposes this is a blatant breach of fiduciary responsibility and could be considered legal misconduct.

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

A statute of limitation limits the amount of time you can pursue a lawyer's sequim malpractice attorney. It can be difficult to calculate when an injury or loss is caused by the attorney's negligence. A licensed New York attorney with experience in the field of malpractice law can explain the statute of limitations to you and assist you to determine if your situation is suitable for a legal malpractice lawsuit.

Disobedience to the Rules of Professional Conduct

Legal malpractice occurs when an attorney does not adhere to the generally accepted professional standards, and harms the client. It requires the four elements of most torts: an attorney-client relationship as well as breach of duty and the proximate cause.

Some typical examples of misconduct include a lawyer who has a personal and trust account funds, failing to timely file suit within the statute of limitations or taking on cases where they aren't competent, not performing a conflict-check, and not being up-to-date with court proceedings or other developments in law that could impact the case. Lawyers also have a duty to communicate with clients in a timely manner. This doesn't just mean email and faxes but also answering phone calls promptly.

Attorneys can also commit fraud. This can occur in a variety of ways, including lying to the client or to anyone involved in a case. It is important to know the facts in order to determine if the attorney was untruthful. It also constitutes a breach of the attorney-client agreement if an attorney is assigned an assignment that is not within the scope of their expertise and does not inform the client of this or recommend seeking separate counsel.

Inability to advise

When a client engages a lawyer, it means that their legal matter has been beyond their expertise and knowledge. They cannot resolve the issue by themselves. The lawyer is required to inform clients about the advantages of the case, the risks and costs involved, and their rights. If an attorney does not perform this, they could be guilty of malpractice.

Many legal malpractice claims stem from a lack of communication between attorneys and their clients. For instance, an attorney might not answer phone calls or fail to inform their clients of a decision they made on their behalf. An attorney could also fail to communicate important details regarding a particular case, or not disclose any known issues in a transaction.

It is possible to sue an attorney for negligence, however, a client must prove 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, correspondence between the lawyer and the client, and bills. In the case 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 bound by the law and know the laws that apply to specific situations. If they don't, they could be guilty of malpractice. Examples include mixing funds from clients with their own or using settlement funds to pay for personal expenses, and failing to do basic due diligence.

Another instance of legal malpractice includes failure to file an action within the statute of limitations, ignoring deadlines for filing with the court and not observing the Rules of Professional Conduct. Attorneys must also disclose any conflicts of interest. They must inform clients of any personal or financial interest that might affect their judgment when representing them.

Additionally, attorneys are required to follow the instructions of their clients. If a client directs the attorney to take specific actions an attorney must follow those instructions unless there is an obvious reason that it would not be advantageous or is not feasible.

In order to prevail in a kaysville Malpractice Law firm suit the plaintiff must show that the lawyer breached their duty of care. This isn't easy, since it requires proving the defendant's actions, or inaction, caused damages. It is not enough to show that the attorney's negligence caused a negative outcome. A malpractice claim must also prove that there was a high likelihood that the plaintiff's case would have been won if the defendant followed standard practices.