How to Sue Your Attorney for Malpractice

To sue an attorney for negligence, you must to prove that the breach had negative legal, financial or other repercussions for you. It's not enough to demonstrate that the negligence of the attorney was a problem but you must also prove a direct link between the breach and the resulting outcome.

Legal southgate malpractice attorney does not include issues of strategy. However, if you lose a case because your lawyer failed to file the lawsuit in time, this could be an act of malpractice.

Misuse of Funds

The misuse of funds by a lawyer is one of the most common forms of legal negligence. Lawyers are bound by a fiduciary duty to their clients and must act with integrity and fidelity when handling money or other property the client has entrusted them with.

If a client pays retainer fees, their 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 combines the escrow account with their own personal funds or utilizes it for any other purpose it is a clear breach of the fiduciary obligation and could result in legal negligence.

Imagine, for instance, that a client hires their attorney to represent them in an action against a motorist who hit them while they were walking across the street. The client is able to prove that the driver was negligent and could prove that the collision caused their injuries. However, their lawyer misses the deadline and is unable to file the case within time. Consequently, the lawsuit is dismissed and the party who was injured suffers financial losses because of the lawyer's mistake.

The statute of limitations restricts the time you have to pursue a lawyer's malpractice. It is often difficult to determine when the loss or injury was due to the negligence of the lawyer. A New York attorney who is skilled in malpractice law will be able to explain the statute of limitation and help you decide if you have a case that is eligible for an action.

Failure to adhere to the professional rules of conduct

Legal malpractice is when an attorney fails to adhere to generally accepted standards of professional conduct, and inflicts harm on the client. It entails the same four elements as the majority of torts, which include an attorney-client relationship, a duty, a breach, and proximate cause.

A few examples of malpractice include lawyers who mix personal and trust funds, failing timely to file suit within statutes of limitations, taking cases in which they aren't competent, failing to conduct an examination of conflicts and not keeping up to date on court proceedings, or any new legal developments that could affect the case. Lawyers also have a responsibility to communicate with clients in a fair manner. This doesn't just mean email and faxes, but also the ability to return phone calls promptly.

It is also possible for attorneys to engage in fraud. This could be done by lying to the client or any other person who is involved in the investigation. In this instance it is essential to have all the facts at the hands of the investigator to determine if the lawyer was being untruthful. A breach of the attorney-client agreement occurs when an attorney takes cases outside their expertise without advising the client or suggesting they seek independent counsel.

Inability to advise

When a client hires an attorney, this means they've reached the stage where their legal issue is beyond their own skill or experience and they are unable to resolve it on their own. It is the attorney's responsibility to advise clients on the merits of a particular case as well as the risks and costs involved, as well as their rights. A lawyer who fails to do so may be found guilty.

Many legal malpractice cases stem due to poor communication between attorneys and their clients. A lawyer may not answer a phone calls or fail to inform their clients of a certain decision taken on their behalf. An attorney may also be unable to communicate important details about a case or fail to reveal any problems that may arise from an transaction.

It is possible to claim a lawyer's negligence, but the client must prove they were able to recover financial losses as a result of the negligence of their lawyer. The losses must be documented, which requires evidence such as files of the client email correspondence, other correspondence between the attorney and the client, along with bills. In the case of theft or fraud it could be required to engage an expert witness to review the case.

Inability to Follow the Law

Attorneys must follow the law and know what it means in specific circumstances. They could be found guilty of malpractice if they don't. Examples include mixing client funds with their own and using settlement proceeds to pay for personal expenses and failing to do basic due diligence.

Another type of legal malpractice includes failure to file a lawsuit within the statute of limitations, failing to meet deadlines for filing with the court and not observing the Rules of Professional Conduct. Attorneys are also required to disclose any significant conflicts of conflicts of interest. They must inform clients of any personal or financial interest which could affect their judgment when representing them.

Attorneys must also adhere to the instructions of their clients. If a client instructs them to take particular action, the attorney must follow the instructions unless there is an obvious reason to believe that it would not be beneficial or feasible.

In order to win a longview malpractice law firm suit the plaintiff must show that the lawyer acted in violation of his duty of care. This can be difficult since it requires proving the defendant's actions or inaction caused damages. It isn't enough to prove that the attorney's negligence caused a negative outcome. A malpractice claim must prove that there was a high chance that the plaintiff's claim could have been settled if the defendant had followed standard procedures.