How to Sue Your Attorney for malpractice law firms

To pursue an attorney's malpractice, you have to show that the breach resulted in negative financial, legal or other implications for you. You must demonstrate that there is a direct link between the attorney's negligence and the negative results.

Legal malpractice doesn't include issues of strategy. If you lose a case because your lawyer was not able to file the lawsuit within the timeframe it could be a case of negligence.

Inappropriate use of funds

Misuse of funds by a lawyer is one of the most prevalent types of legal negligence. Lawyers are bound by a fiduciary duty to their clients, and must act with trust and fidelity when handling funds or other property the client has entrusted them with.

If a client pays their retainer the lawyer is obligated by law to place that money in an escrow fund that is only specifically used for the particular case. If the lawyer makes use of the escrow fund to pursue personal goals or mix it with their own funds it is in violation of their fiduciary responsibilities and could be charged with legal malpractice.

As an example, suppose that a customer hires their attorney to represent them in an action against a driver who struck them as they were crossing the street. The client has the ability to prove driver's negligence and the collision resulted in the injuries they sustained. But, their lawyer violates the statute of limitations and is not able to file the case within the timeframe. The lawsuit is dismissed and the victim suffers financial losses as a result of the lawyer's error.

The statute of limitations restricts the time it takes to sue an lawyer for malpractice. This can be difficult to determine when an injury or loss was caused by negligence of the lawyer. A licensed New York attorney with experience in the field of malpractice law can explain the statute of limitations to you and help determine if your situation is a good candidate for a legal malpractice lawsuit.

Failure to Follow the Rules of Professional Conduct

Legal malpractice is when a lawyer fails to follow generally accepted professional standards and causes harm to the client. It is required to meet the four components of most torts: an attorney-client relation, a duty, breach and proximate cause.

Some examples of malpractice lawyers are a lawyer who has a personal and trust account funds, failing to timely file suit within the time limit and assuming cases where they aren't competent, not conducting a proper conflict check, as well as not keeping up-to-date with court proceedings or any new developments in law that may affect the case. Lawyers also have a duty to communicate with clients in a reasonable manner. This is not limited to emails and faxes, but also includes answering phone calls promptly.

Attorneys are also able to commit fraud. This could be accomplished by lying to the client, or anyone else involved in the case. It is important to know the facts to determine if the attorney was insincere. It is also a breach of the contract between attorney and client if an attorney decides to take on a case that is outside of their area of expertise and does not inform the client about this or suggest they seek out separate counsel.

Failure to provide advice

When a client employs an attorney, it implies that their legal situation has been beyond their expertise and experience. They are unable solve the issue themselves. It is the attorney's responsibility to advise clients on the merits of a case, the costs and risks involved and their rights. If an attorney fails to comply with this requirement, they could be guilty of malpractice.

Many legal malpractice lawsuits claims are the result of poor communication between attorneys and their clients. For instance attorneys may not return calls or fail to notify their clients of a decision taken on their behalf. An attorney may not be able to communicate crucial details regarding a particular case, or fail to disclose known issues in an transaction.

It is possible to claim a lawyer's negligence, but a plaintiff must show that they suffered financial losses as a result due to the negligence of the attorney. The losses should be documented. This requires evidence, like client files and emails or any other correspondence between an attorney and client, as well as invoices. In the case of fraud or theft, it may also be necessary to engage an expert witness to review the case.

Inability to Follow the Law

Attorneys must follow the law and be aware of what it means for specific circumstances. If they fail to do so and they don't, they could be found guilty of misconduct. Examples include combining funds from clients with their own or using settlement proceeds for personal expenses, or not performing basic due diligence.

Other examples of legal misconduct include failure to file a lawsuit within the time limit, missing court filing deadlines and not following the Rules of Professional Conduct. Attorneys must also declare any conflicts of interest. They must disclose to clients any financial or personal interest that might affect their judgment when representing them.

Additionally, attorneys are required to abide by the instructions of their clients. Attorneys must follow the instructions of clients unless it is obvious that the action is not beneficial.

To prevail in a malpractice lawsuit the plaintiff must prove that the lawyer violated his duty of care. This isn't easy, since it requires proving the defendant's actions or negligence caused damages. It is not enough to prove that the attorney's negligence led to a poor outcome. A malpractice claim must also prove that there was a substantial chance that the plaintiff's claim could have been settled if the defendant had followed standard procedures.