How to Sue Your Attorney for Malpractice

To claim a lawyer's negligence, you need to show that the breach of duty caused financial, legal or other repercussions for you. You must demonstrate that there is a direct link between the attorney's incompetence and the negative outcome.

Legal malpractice does not cover matters of strategy. However, if you lose a case because your lawyer failed to file the lawsuit in time, this could be negligence.

The misuse of funds

Fraud in the handling of funds by lawyers is one of the most prevalent kinds of legal negligence. Lawyers have a fiduciary obligation with their clients and are expected to act with the highest degree of trust and fidelity, particularly when handling money or other property that the client has handed over to them.

If a client pays their retainer to a lawyer, they are required by law to deposit the money in a separate fund for escrow that is exclusively utilized for that particular case. If the attorney combines the account with personal funds or utilizes it for any other purpose that is a clear breach of fiduciary responsibility and could constitute legal malpractice.

Imagine, for example that a customer hires an attorney to represent him in a lawsuit filed against a driver who hit 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. Their lawyer, however, does not follow the law and is not able to file the case in time. The lawsuit is dismissed and the party who was injured suffers a financial loss because of the lawyer's mistake.

The time limit to sue an attorney for negligence is governed by a statute of limitations that can be difficult to calculate in a case where an injury or loss occurred as the result of the negligence of the attorney. A qualified New York attorney with experience in the field of kyle malpractice lawsuit law can explain the statute of limitations to you and help you determine if your situation is a good fit for a legal malpractice suit.

Disobedience to the Rules of Professional Conduct

Legal malpractice occurs when an attorney does not adhere to generally accepted professional standards, and causes harm to the client. It requires the same four elements as most torts: malpractice lawyer an attorney-client relationship, a duty, a breach, and proximate causality.

Some typical examples of malpractice lawyer are a lawyer who has a personal and trust account funds, failing to timely file a lawsuit within the time limit or taking on cases where they are not competent, failing to conduct a conflict check, and not keeping up-to-date with court proceedings or new developments in the law that could impact the case. Lawyers also have a duty to communicate with clients in a reasonable way. This doesn't only apply to emails and faxes as well as returning phone calls promptly.

It is also possible for lawyers to engage in fraud. It can be done by lying to the client or to anyone else involved in the case. It is important to know the facts so that you can determine if the attorney was dishonest. It also constitutes a breach of the attorney-client agreement if an attorney decides to take on an issue that is outside of their area of expertise and fails to inform the client about this or suggest they seek out separate counsel.

Failure to Advise

When a client employs a lawyer, it signifies that their legal issues have become beyond their knowledge and experience. They are unable to solve the problem on their own. The lawyer's job is to inform clients about the benefits of a case along with the costs and risks involved, as well as their rights. When an attorney fails to do this, they may be liable for malpractice.

Many legal malpractice claims are the result of poor communication between lawyers, and their clients. Attorneys may not respond to calls or fail to inform their clients about a specific decision taken on their behalf. An attorney might also fail to communicate important details regarding a case, or not disclose any known problems with the transaction.

It is possible to sue an attorney for negligence, but the client must prove that they were able to recover financial losses as a result of the negligence of their lawyer. These losses must be documented, which requires evidence such as files of the client emails, client files, and other correspondence between the attorney and the client, and bills. In cases of fraud or theft an expert witness might be required to look into the case.

Inability to Follow the Law

Attorneys must abide by the law and be aware of what it means for specific situations. If they don't, they could be guilty of misconduct. Examples include combining client funds with their own, or using settlement proceeds for malpractice lawyer personal expenses, or failing to perform basic due diligence.

Another instance of legal malpractice includes failure to file a lawsuit within the statute of limitations, not meeting deadlines for filing in court, and not following 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 personal or financial interests that might affect their decision-making process when representing them.

Additionally, attorneys are required to comply with the directions of their clients. Attorneys must follow the instructions of clients unless it is evident that the action will not be beneficial.

To win a malpractice lawsuit, the plaintiff has to prove that the lawyer has violated his duty of care. This can be difficult, since it requires proving the defendant's actions or inaction caused damages. It is not enough to demonstrate that the attorney's wrongful actions led to a poor outcome. A malpractice claim must also demonstrate that there was a substantial likelihood that the plaintiff's case would have been successful if the defendant followed standard practices.