How to Sue Your Attorney for Malpractice

To sue your attorney on charges of negligence, you must show that their negligence caused financial, legal or other negative outcomes for you. You must demonstrate a direct connection between the attorney's incompetence and the negative outcome.

Legal malpractice does not include matters of strategy. If you lose a case due to your lawyer didn't file the lawsuit in time it could be a case of negligence.

Misuse of funds

One of the most popular kinds of legal peculiar malpractice lawyer is the misuse of funds by lawyers. Lawyers are legally bound by a fiduciary responsibility to their clients, and must act with trust and fidelity when handling money or other property that the client has entrusted them with.

If a client is required to pay their retainer the lawyer is obligated by law to keep that money into an escrow account that is exclusively intended for the specific case. If the attorney makes use of the escrow fund for personal reasons or mixes it with their own funds and funds, they are in breach of their fiduciary responsibilities and could be accused of legal negligence.

For example, imagine that a client hires their attorney to represent them in an action against a motorist who slammed into them as they were walking along the street. The client has evidence that the driver was negligent and is able to demonstrate that the collision caused their injuries. However, their lawyer fails to comply with the deadline and is not able to file the case within time. The lawsuit is dismissed and the person who was hurt suffers financial losses because of the lawyer's mistake.

A statute of limitation limits the time you have to bring a lawsuit against a lawyer for malpractice. It can be difficult to determine if an injury or loss was caused by the negligence of an attorney. A qualified New York attorney with experience in the field of malpractice law can explain the statute of limitations to you and help you determine if your situation is a good candidate for a legal malpractice suit.

Failure to Follow the Rules of Professional Conduct

Legal malpractice is when an attorney does not follow generally accepted standards of professional conduct, and harms the client. It is based on the same four elements as the majority of torts, which are an attorney-client relationship, a duty, a breach, and proximate causality.

Some common instances of misconduct include a lawyer mixing their personal and trust account funds, failing in time to file suit within the statute of limitations or taking on cases where they aren't competent, not performing a conflict-check, and not being up-to-date on court proceedings or new developments in law that may affect the case. Lawyers are accountable to communicate with their clients in a timely manner. This isn't just limited to email and faxing as well as returning telephone calls in a timely manner.

Attorneys can also commit fraud. It can be done by lying to the client or to anyone else involved in the case. In this scenario, it is important to have all the facts at your possession to determine if the attorney was being deceitful. A violation of the agreement between an attorney and a clthem.

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

To prevail in a malpractice suit, the plaintiff must prove that the lawyer violated their duty of care. It isn't easy to prove that the defendant's actions or actions caused harm. It is not enough to prove that the attorney's negligence resulted in a bad outcome. A clyde malpractice lawyer claim must also show that there was a high probability that the plaintiff's case would have been successful if the defendant had followed the standard procedure.