10 Unexpected Malpractice Lawyers Tips > 고객센터

How to Sue Your Attorney for Malpractice

If you wish to sue your attorney over negligence, you must show that their negligence caused legal, monetary or other negative consequences for you. You must demonstrate a direct connection between the attorney's negligence and the negative outcome.

Matters of strategy do not qualify as legal malpractice, however, if your lawyer does not submit a lawsuit on time and you lose the case it could be a case of malpractice.

Inappropriate use of funds

One of the most prevalent types of legal malpractice is the misuse by a lawyer of funds. Lawyers are in a fiduciary relationship with their clients and are required to behave with the utmost trust and fidelity, especially when handling money or other property that the client has left to them.

If a client is required to pay their retainer to a lawyer, they are required by law to keep that money in an escrow account that is exclusively specifically used for the particular case. If the lawyer uses the escrow fund to pursue personal goals or mix it with their own funds, they are in violation of their fiduciary duty and could be accused of legal negligence.

Imagine, for instance, that a client hired an attorney to represent him in a lawsuit against a driver whose car struck them when they crossed the street. The client is able to prove the driver's negligence, and that the accident caused the injuries they sustained. The lawyer however violates the law and is not able to file the case on time. Therefore, the case is dismissed and the person who was hurt suffers financial loss as a result of the lawyer's mistake.

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

Infractions to the rules of professional conduct

Legal malpractice occurs the case when a lawyer doesn't adhere to generally accepted professional standards and results in harm to the client. It entails the same four elements that are common to all torts, which include 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 timely to file a suit within the time limits, taking cases in which they are not competent, failing to perform an examination of conflicts and not being up-to the current court proceedings, or any new legal developments that could affect the case. Lawyers have a responsibility to communicate with their clients in a reasonable manner. This doesn't only apply to email and fax and also includes returning phone calls in a timely manner.

Attorneys can also 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 on your possession to determine if the attorney was being dishonest. It also constitutes a breach of the attorney-client contract when an attorney takes on an issue that is outside of their expertise and malpractice lawsuit does not inform the client about this or suggest that they seek separate counsel.

Inability to advise

When a client employs an attorney, it implies that their legal issues have become beyond their skill and knowledge. They cannot resolve the issue themselves. It is the attorney's responsibility to advise clients on the merits of a case in addition to the costs and risk involved, as well as their rights. When an attorney fails to perform this, they could be guilty of malpractice.

Many legal malpractice cases result due to poor communication between attorneys and their clients. For instance attorneys may not return phone calls or fail to notify their clients of a decision made on their behalf. Attorneys may also fail to communicate important details about a case or fail to identify any issues with a transaction.

A client can sue an attorney if they've suffered financial losses due to the lawyer's negligence. These losses must be documented, which will require documents such as client files, emails and other correspondence between the lawyer and the client, as well as bills. In cases involving fraud or theft it could be necessary to engage an expert witness to review the case.

Failure to Follow the Law

Attorneys must abide by the law, and know what it means for specific circumstances. If they fail to do so then they could be accused of malpractice attorney. Examples include mixing client funds with their own and using settlement proceeds to pay for personal expenses and failing to do basic due diligence.

Another instance of legal malpractice includes failure to file a lawsuit within the timeframe of limitations, missing deadlines for filing with the court or not adhering to the Rules of Professional Conduct. Attorneys are also obligated to disclose any conflict of interest. They must disclose to clients any personal or financial interest that might affect their judgment when representing them.

Attorneys are also required to follow the instructions of their clients. If a client instructs the attorney to take specific actions the attorney must comply with those instructions unless there is an obvious reason why it would not be beneficial or even feasible.

To win a malpractice lawsuit the plaintiff must show that the lawyer acted in violation of his duty of care. This can be a challenge, since it requires proof that the defendant's actions or inaction resulted in damages. It's not enough to prove the result of the negligence of the attorney was bad to be able to prove a malpractice claim. to succeed, it needs to be demonstrated that there's a high likelihood that the plaintiff could have won the case when the defendant had acted in accordance with the accepted practice.