How to Sue Your Attorney for Malpractice

To bring a lawsuit against an attorney for malpractice, you have to prove that the breach of duty caused financial, legal or other consequences for you. It's not enough to show that the attorney's negligence was negligent and you must prove that there is a direct connection between the breach and the negative outcome.

Legal Winterset Malpractice Law Firm does not include matters of strategy. If you lose a case due to your lawyer did not file the lawsuit in time this could be considered negligence.

The misuse of funds

The misuse of funds by a lawyer 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 funds or any other property that the client has given them.

If a client pays a retainer, their lawyer is required to put the money into an separate escrow account designated for that case's purpose only. If the attorney uses the escrow fund for personal purposes or co-mingles it with their own funds the attorney is in breach of their fiduciary duties and could be charged with legal misconduct.

Imagine, for example the scenario where a client hires an attorney to represent him in a suit filed against a driver whose vehicle hit them as they crossed the street. The client has the ability to prove driver's negligence as well as that the accident led to their injuries. The lawyer, however, violates the law and is not able to file the case in time. The lawsuit is dismissed and the injured party suffers financial losses due to the lawyer's mistake.

The time for suing an attorney for negligence is governed by a statute-of-limitations, which can be tricky to determine in cases where a loss or injury was the result of the attorney's negligence. A competent New York attorney with experience in the field of malpractice law can explain the time limit to you and assist you determine if your situation is suitable for a legal monongahela malpractice law firm lawsuit.

Failure to follow the Rules of Professional Conduct

Legal malpractice is when a lawyer fails adhere to generally accepted professional standards and results in harm to the client. It requires the four elements of most torts: an attorney-client relationship, a duty, breach and proximate cause.

Some examples of misconduct include a lawyer mixing their personal and trust account funds, failing to file suit within the timeframe set by the statute of limitations, taking on cases in which they aren't competent, not performing a conflict-check, and not keeping up-to-date with court proceedings or new developments in the law that could affect the case. Lawyers also have a duty to communicate with clients in a timely manner. This is not limited to emails and faxes as well as responding to phone calls in a timely manner.

It is also possible for attorneys to engage in fraud. This could be done by lying to the client, or any other person involved in the case. It is crucial to know the facts so that you can determine whether the attorney was untruthful. A breach of the attorney-client agreement is when an attorney decides to take a case outside their expertise without informing the client about it or soliciting independent counsel.

Inability to inform

If a client decides to hire an attorney, it means they've reached the point where their legal situation is beyond their own skill or experience and they are no longer able to resolve it by themselves. The lawyer has a duty to inform clients about the importance of the case, the risks and costs involved, and their rights. If an attorney does not perform this, they could be liable for malpractice.

Many legal malpractice cases stem due to poor communication between attorneys and their clients. For instance an attorney may not answer phone calls or fail to inform their clients of a decision they made on their behalf. An attorney might also neglect to communicate important details about the case or fail to disclose known problems with an transaction.

A client may sue an attorney if they have suffered financial losses due to the lawyer's negligence. These losses should be documented. This requires evidence, such as email files and client files, or any other correspondence between an attorney and client, as well as bills. In the event of fraud or theft an expert witness might be required to look into the case.

Inability to Follow the Law

Attorneys are bound by the law and understand the laws that apply to specific situations. They could be found guilty of misconduct in the event that they fail to follow. Examples include mixing client funds with their own or using settlement funds to pay for personal expenses, and failing to exercise basic due diligence.

Another instance of legal malpractice includes the failure to file an action within the statute of limitations, not meeting court filing deadlines and not observing the Rules of Professional Conduct. Attorneys are also obligated to disclose any conflict of interests. They must disclose to clients any financial or personal interests that could influence their judgement when representing them.

Attorneys must also adhere to the instructions of their clients. If a client directs them to take a particular action then the attorney must follow the instructions unless there is an obvious reason why it would not be beneficial or even feasible.

In order to win a hope malpractice lawyer lawsuit the plaintiff has to prove that the lawyer violated their duty of care. It isn't easy to establish that the defendant's inaction or actions caused damage. It isn't enough to prove that the attorney's negligence caused a bad result. A malpractice claim must also show that there was a high chance that the plaintiff's claim could have been settled if the defendant had followed normal procedures.