How to Sue Your Attorney for Malpractice
If you wish to sue your attorney over malpractice, you must prove that the breach of duty resulted in financial, legal or other negative effects for you. You must prove that there was a direct link between your attorney’s negligence and the negative result.
Strategies do not count as legal malpractice however, if your lawyer fails to file a lawsuit on time and you lose the case, that could be a form of malpractice.
The misuse of funds
Fraud in the handling of funds by lawyers is among the most widespread types of legal fraud. Lawyers are required to fulfill a fiduciary duty to their clients and must behave with confidence and fidelity when handling money or other assets that the client has entrusted them with.
When a client pays their retainer, the lawyer is required by law to keep that money in an fund for escrow that is exclusively intended for the specific case. If the attorney co-mingles the escrow account with personal funds, or uses it for other purposes this is a blatant breach of fiduciary duty, and could result in legal malpractice.
For example, imagine that a client hires an attorney to represent them in an action against a driver who hit them while they were walking across the street. The client has evidence that the driver was negligent and can demonstrate that the collision caused their injuries. The lawyer, however, misses the statute and is not able to file the case in time. Consequently, the lawsuit is dismissed and the victim is liable for financial losses because of the lawyer’s mistake.
The time to sue an attorney for malpractice is limited by a statute-of-limitations which can be difficult to determine in a situation where an injury or loss resulted from the attorney’s negligence. A qualified New York attorney with experience in malpractice law can explain the statute of limitations to you and assist you to determine if your case is a good fit for a legal malpractice suit.
Failure to Follow the Rules of Professional Conduct
Legal malpractice is when a lawyer fails to adhere to generally accepted professional standards and causes harm to the client. It has the same four elements as the majority of torts: an attorney-client relationship, a duty, a breach, and proximate cause.
Some examples of malpractice are a lawyer mixing their personal and trust account funds, failing to timely make a claim within the timeframe set by the statute of limitations, taking on cases in which they aren’t competent, failing to conduct an investigation into conflicts, and not being up-to-date with court proceedings or other developments in law that could impact the case. Lawyers also have a responsibility to communicate with clients in a reasonable manner. This doesn’t just mean email and faxes, Vimeo.com but also the ability to return phone calls promptly.
Attorneys can also commit fraud. This can occur in a variety of ways, including lying to the client or anyone involved in a case. It is crucial to know the facts so you can determine if the attorney was dishonest. It’s also a violation of the attorney-client agreement if an attorney accepts an assignment that is not within the scope of their expertise and does not inform the client about this or suggest that they seek separate counsel.
Failure to Advise
When a client hires an attorney, it indicates that their legal matter has become beyond their skill and experience. They are unable to resolve it by themselves. It is the attorney’s responsibility to provide advice to clients regarding the advantages of a case along with the costs and risks involved and their rights. If a lawyer fails to comply with this requirement, they could be found guilty of malpractice.
Many legal malpractice claims arise because of poor communication between attorneys and their clients. For instance an attorney may not respond to phone calls or fail to notify their clients of a decision made on their behalf. An attorney might also not communicate important details regarding a case, or fail to inform clients of issues in transactions.
It is possible to sue an attorney for negligence, but a plaintiff must prove that they suffered real financial losses because of the lawyer’s negligence. These losses must be documented. This requires evidence, like email files and client files, or any other correspondence between an attorney and client, as well as invoices. In the event of theft or fraud it could be required to be able to have an expert witness review the case.
Inability to Follow the Law
Attorneys are required to adhere to the law and comprehend the way it is applied in particular circumstances. If they don’t, they could be guilty of malpractice. Examples include commingling client funds with their own, or using settlement proceeds for personal expenses, or failing to exercise basic due diligence.
Other examples of legal malpractice include failing to file a suit within the time limit or missing deadlines for filing with the court and not adhering to the Rules of Professional Conduct. Attorneys are also required to disclose any conflicts of conflicts of interest. They must disclose to clients any personal or financial interest that 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 obvious that the actions will not be beneficial.
In order to win a malpractice suit, the plaintiff has to show that the lawyer acted in violation of his duty of care. This can be difficult, since it requires proof that the defendant’s actions or inaction caused damages. It is not enough to demonstrate that the attorney’s wrongful actions caused a bad result. A marianna malpractice lawsuit claim must also demonstrate that there was a substantial likelihood that the plaintiff’s lawsuit could have been won had the defendant had followed standard procedures.