How to Sue Your Attorney for Malpractice

If you wish to sue your attorney over malpractice, you have to prove that the breach of duty resulted in legal, monetary or other negative consequences for you. You must show that there was a direct link between your attorney's negligence and the negative outcome.

Legal highland park malpractice lawyer doesn't include issues of strategy. If you lose a case due to your lawyer was not able to file the lawsuit within the timeframe, this could be an act of malpractice.

The misuse of funds

One of the most prevalent kinds of legal malpractices is a lawyer's misuse of funds. Attorneys are required to fulfill a fiduciary duty to their clients, and must behave with confidence and fidelity when handling funds or other assets that the client has given them.

When a client pays a retainer to their attorney, the attorney is required to place that money into a separate escrow account specifically destined for the purpose of the case only. If the attorney combines the account with their own personal funds or utilizes it for any other purpose this is a blatant breach of fiduciary duty, and could result in legal negligence.

Imagine, for instance, that a client hired an attorney to represent him in a suit filed against a driver who hit them as they crossed the street. The client has evidence that the driver was negligent, and can prove that the collision caused their injuries. However, their lawyer misses the deadline and is not able to file the case in time. Thus, the lawsuit is dismissed and the person who was hurt suffers financial losses because of the lawyer's mistake.

The time frame for suing an attorney for malpractice is limited by a statute of limitation that can be difficult to determine in a situation where a loss or injury resulted from the attorney's negligence. A New York attorney who is skilled in wharton malpractice lawsuit law will be able to explain the statute of limitation and help you determine if you have a case that is eligible for an action.

Failure to follow the professional rules of conduct

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

A few examples of malpractice include the lawyer mixing personal and trust funds, failing timely to file suit within statute of limitations, pursuing cases in which they aren't competent, not conducting a conflict check and not staying up to the latest court proceedings or highland park malpractice Lawyer any other legal developments that could impact the case. Lawyers are required to communicate with their clients in a reasonable way. This includes not just email and faxes, but also the ability to return phone calls promptly.

It is also possible for attorneys to commit fraud. This can be done in a variety of ways, such as lying to the client or anyone involved in a case. It is important to know the facts so that you can determine if the attorney is deceitful. It is also a breach of the attorney-client contract when an attorney decides to take on an issue that is outside of their expertise and fails to inform the client about this or suggest that they seek separate counsel.

Failure to Advise

When a client hires an attorney, it indicates that their legal issues have exceeded their skills and knowledge. They are unable to resolve it themselves. It is the attorney's responsibility to inform clients about the advantages of a case as well as the risks and costs involved, as well as their rights. If an attorney does not perform this, they could be liable for malpractice.

Many legal malpractice claims result from a lack of communication between attorneys and their clients. For example, an attorney might not return phone calls or fail to inform their clients of the decision made on their behalf. An attorney may also be unable to provide important information regarding the case or fail disclose known problems with an transaction.

A client may sue an attorney if they've suffered financial losses due to the lawyer's negligence. The losses must be documented. This requires evidence, such as email and client files, or other correspondence between an attorney and a customer, as well as bills. In cases involving theft or fraud, it may also be necessary to have an expert witness examine the case.

Inability to Follow the Law

Attorneys are obligated to follow the law and understand the laws that apply to specific circumstances. They could be found guilty of misconduct if they don't. Examples include mixing client funds with their own, or using settlement proceeds to pay personal expenses, or failing to exercise basic due diligence.

Another type of legal malpractice includes failure to file a lawsuit within the timeframe of limitations, missing court filing deadlines, and not following the Rules of Professional Conduct. Attorneys are also obligated to disclose any material conflicts of conflicts of interest. This means they must inform clients of any personal or financial interests that could affect their judgment in representing them.

Attorneys are also required to follow the instructions of their clients. If a customer instructs them to take a particular action the attorney must comply with the instructions unless there is any reason that suggests it is not beneficial or feasible.

In order to win a malpractice lawsuit the plaintiff must show that the lawyer violated their duty of care. It can be difficult to prove that the defendant's inaction or actions caused harm. It's not enough to prove the result of the negligence of the attorney was detrimental and for a flower hill malpractice attorney case to be successful, it has to be proven that there is a high probability that the plaintiff would have prevailed if the defendant had followed standard practice.