How to Sue Your Attorney for Malpractice

To pursue an attorney's negligence, you need to prove that the breach of duty resulted in negative financial, legal or other consequences for you. You must show that there is a direct link between the attorney's negligence and the negative results.

Strategy-related issues do not be considered legal malpractice, but if your lawyer fails to file a lawsuit in time and you lose the case, that could be a form of malpractice.

Inappropriate use of funds

One of the most prevalent kinds of legal malpractice is a lawyer's misuse of funds. Lawyers are legally bound by a fiduciary responsibility to their clients, and must behave with trust and fidelity when handling funds or other property that the client has given them.

When a client is required to pay retainer fees, their lawyer is required to deposit the money into an separate escrow account that is designated for that case's purpose only. If the lawyer uses the escrow fund to pursue personal goals or mix it with their own funds and funds, they are in breach of their fiduciary duty and could be charged with legal east peoria malpractice law firm.

Imagine, for instance, that a customer hires their attorney to represent them in an action against a motorist who slammed into them as they were crossing the street. The client can prove 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 in time. The lawsuit is dismissed, and the person who was injured suffers a financial loss because of the lawyer's mistake.

The statute of limitations restricts the time you have to bring a lawsuit against a lawyer for malpractice. It can be a challenge to calculate when an injury or loss is caused by negligence of the lawyer. A New York attorney who is experienced in malpractice law can explain the statute of limitation and help you determine if you have a case that qualifies for an action.

Disobedience to the Rules of Professional Conduct

Legal malpractice occurs when an attorney does not adhere to generally accepted professional standards and inflicts harm on the client. It is a requirement of the four elements of most torts: an attorney-client relation, a duty, breach and the proximate cause.

Some typical examples of malpractice are a lawyer who has a personal and trust account funds, failing in time to file a lawsuit within the statute of limitations, taking on cases in which they are not competent, not performing a conflict-check, and not staying up to date with court proceedings or new developments in the law that may affect the case. Lawyers must communicate with their clients in a fair and reasonable manner. This does not only include email and faxes, but also resolving telephone calls promptly.

It is also possible for lawyers to commit fraud. It can be done in a variety of ways, including lying to the client or to anyone else involved in the case. In this situation it is essential to have the facts in hand so that you can determine if the attorney was being insincere. It is also a breach of the contract between attorney and client if an attorney accepts cases that are outside of their area of expertise and fails to inform the client about this or recommend seeking separate counsel.

Failure to provide advice

If a client decides to hire an attorney, it indicates that their legal matter has been beyond their expertise and knowledge. They cannot resolve the issue by themselves. Lawyers are required to inform clients of the importance of the case, the potential risks and costs involved, and their rights. A lawyer who fails to provide this advice could be held accountable.

Many legal malpractice claims are the result of poor communication between attorneys and their clients. A lawyer may not answer a phone calls or fail to inform their clients of a particular decision that they have made on their behalf. Attorneys may not be able to communicate crucial details about a case or fail to reveal any issues in the transaction.

It is possible to sue an attorney for negligence, however, a client must prove that they have suffered financial losses due to of the negligence of their lawyer. The losses must be documented, which will require evidence such as files of the client, emails and other correspondence between the attorney and the client, and bills. In the case of fraud or theft, an expert witness may be required to look into the case.

Inability to Follow the Law

Attorneys are required to adhere to the law and know the way it is applied in particular situations. They could be found guilty of misconduct when they fail to do so. Examples include combining client funds with their own or using settlement proceeds for personal expenses, or failing to perform basic due diligence.

Another instance of legal misconduct includes the failure to file a lawsuit within the timeframe of limitations, ignoring court filing deadlines or not adhering to the Rules of Professional Conduct. Attorneys must disclose any conflicts of interests. This means that they have to inform clients of any personal or financial interests that might affect their judgment in representing them.

Attorneys are also required to follow the instructions of their clients. If a client instructs them to take particular action the attorney must comply with the instructions, unless there's an obvious reason why it would not be beneficial or possible.

In order to prevail in a malpractice case, the plaintiff has to prove that the lawyer violated his duty of care. This isn't easy, as it requires showing that the defendant's actions or negligence caused damages. It is not enough to prove that the attorney's error caused a bad result. A georgetown malpractice lawyer claim must also demonstrate that there was a significant probability that the plaintiff's case could have been won had the defendant had followed normal procedures.

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