How to Sue Your Attorney for Malpractice

To pursue an attorney's negligence, you must to prove that the breach of duty caused financial, legal, or other consequences for you. You must demonstrate a direct connection between the attorney's negligence and the negative outcome.

Legal malpractice does not cover issues of strategy. If you lose a case because your lawyer didn't file the lawsuit on time, this could be the result of malpractice.

Misuse of Funds

One of the most popular types of legal malpractice involves a lawyer's misuse of funds. Attorneys are required to fulfill a fiduciary duty to their clients, and must act with trust and fidelity when handling funds or other assets that the client has entrusted them with.

When a client makes a payment for their retainer the lawyer is obligated by law to keep that money in a separate escrow account that is exclusively used for that particular case. If the attorney uses the escrow fund for personal use or co-mingles it with their own funds and funds, they are in breach of their fiduciary duty and could be charged with legal misconduct.

Imagine, for instance, vimeo that a client hired an attorney to represent him in a lawsuit filed against a driver whose vehicle struck them when they crossed the street. The client could prove the driver's negligence, and that the accident led to the injuries they sustained. The lawyer, however, fails to comply with the law and is unable to file the case in time. The lawsuit is dismissed, and the party who was injured is financially harmed because of the lawyer's error.

A statute of limitation limits the amount of time you can claim a lawyer's negligence. It is often difficult to calculate when an injury or loss is caused by negligence of the lawyer. A reputable New York attorney with experience in the field of malpractice law can explain the time limit to you and help you determine if your case is suitable for a legal malpractice lawsuit.

Do not follow 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 entails the same four elements as the majority of torts, including an attorney-client relationship and a duty, a breach, and proximate causation.

A few examples of malpractice include the lawyer combining their personal and trust funds, failing to timely to file a suit within the statutes of limitations, taking cases in which they're not competent, not conducting an investigation into conflicts and not being up to the current court proceedings or any new developments in law that could impact the case. Lawyers also have a duty to communicate with clients in a reasonable manner. This doesn't only apply to email and fax and includes also returning phone calls in a timely manner.

Attorneys are also able to commit fraud. This can happen in a variety of ways, such as lying to the client or anyone else involved in the case. In this case it is essential to have all the facts at hand so that you can determine if the lawyer was untruthful. It's also a violation of the attorney-client contract if an attorney accepts an issue that is outside of their expertise and does not inform the client of this or suggest that they seek separate counsel.

Inability to provide advice

When a client employs an attorney, this means they've reached a point where their legal situation is beyond their ability and experience and they can no longer resolve it by themselves. It is the job of the lawyer to advise clients on the benefits of a case in addition to the costs and risk associated with it, and their rights. An attorney who fails to do this could be liable.

Many legal malpractice claims stem from a lack of communication between lawyers and their clients. An attorney might not return a phone calls or fail to inform their clients of a particular decision taken on their behalf. An attorney might also neglect to communicate important details about the case or fail to disclose known problems with a transaction.

A client may sue an attorney if they have suffered financial losses due to the negligence of the lawyer. The losses have to be documented, which will require documents such as client files emails, client files, and other correspondence between the attorney and the client, along with bills. In cases of fraud or theft an expert witness could be required to review the case.

Inability to Follow the Law

Attorneys are required to adhere to the law and comprehend how it applies in specific situations. They could be found guilty of misconduct when they fail to do so. Examples include mixing client funds with their own and using settlement proceeds to pay for personal expenses and failing to exercise basic due diligence.

Another instance of legal malpractice includes failure to file a lawsuit within the statute of limitations, not meeting deadlines for filing court documents or not adhering to the Rules of Professional Conduct. Attorneys must also disclose any conflicts of interest. They must disclose to clients any personal or financial interest which could affect their judgment when representing them.

Attorneys are also required to adhere to the instructions of their clients. Attorneys must follow instructions from clients, unless it is clear that the actions would not be beneficial.

In order to win a vero beach malpractice attorney lawsuit the plaintiff must show that the lawyer violated their duty of care. This isn't easy, as it requires showing that the defendant's actions, or inaction, caused damages. It's not enough to prove the result of the attorney's negligence was negative and for a malpractice case to succeed, it must be proven that there is a high likelihood that the plaintiff could have won their case in the event that the defendant had followed the usual procedure.