How to Sue Your Attorney for Malpractice

To sue your attorney on charges of negligence, you must show that the breach of duty resulted in legal, monetary or other negative consequences for you. You must prove an immediate connection between the attorney's negligence and the negative outcome.

Strategy-related issues do not be considered legal great neck plaza malpractice law firm, but the lawyer you hire fails to file a lawsuit in time and you lose the case, that could be a sign of malpractice.

Misuse of funds

The misuse of funds by a lawyer is among the most common types of legal malpractice. Attorneys are legally bound by a fiduciary responsibility to their clients and must act with integrity and fidelity when handling money or other assets that the client has entrusted them with.

If a client is required to pay their retainer to a lawyer, they are required by law to deposit the money in an funds that are only specifically used for the particular case. If the lawyer co-mingles the escrow account with personal funds or utilizes it for any other purpose, this is a clear violation of fiduciary duty and could result in legal misconduct.

Imagine, for example the scenario where a client hires an attorney to represent him in a lawsuit filed against a driver whose car was struck by them as they crossed the street. The client has proof that the driver was negligent and could prove that the accident caused their injuries. However, their lawyer fails to comply with the deadline and is incapable of bringing the case within the timeframe. Consequently, the lawsuit is dismissed and the injured party suffers financial loss due to the lawyer's mistake.

A statute of limitations limits the time that you can pursue a lawyer's malpractice. This can be difficult to calculate when an injury or loss is caused by negligence of the lawyer. A New York attorney who is experienced in malpractice law will be able to explain the statute of limitations and assist you in determining if you have a case which is suitable for an action.

Failure to Follow the Rules of Professional Conduct

Legal fort lupton malpractice lawsuit is when an attorney fails to adhere to the generally accepted professional standards, and harms the client. It is required to meet the four components of most torts: an attorney-client relation the breach of a duty and proximate cause.

Some examples of malpractice are the lawyer mixing personal and trust funds, failing to file suit within time limits, taking cases where they are not competent, failing to conduct a conflict check and not keeping up to the current court proceedings, or any new developments in law that could affect the case. Lawyers have a responsibility to communicate with their clients in a timely manner. This doesn't only apply to emails and faxes as well as returning phone calls in a timely manner.

Attorneys are also able to commit fraud. It can be done in a variety of ways, including lying to the client or anyone else involved in the case. It is crucial to know the facts so you can determine whether the attorney was untruthful. It also constitutes a breach of the attorney-client sonal interests that could affect their judgment when representing them.

Attorneys must also adhere to the instructions of their clients. Attorneys must abide by the instructions of clients, unless it is clear that the action is not beneficial.

To prevail in a malpractice lawsuit the plaintiff must show that the lawyer breached their duty of care. This isn't easy, because it requires proving that the defendant's actions or inaction resulted in damages. It's not enough to prove the result of the attorney's negligence was bad and for a malpractice case to be successful, it must be shown that there is a high likelihood that the plaintiff would have won their case in the event that the defendant had followed standard practice.