How to Sue Your Attorney for Malpractice To sue an attorney for malpractice, you have to show that the breach of duty had negative legal, financial, or other consequences for you. You must establish that there was a direct link between your attorney's negligence and the negative outcome. Strategies do not count as legal malpractice however, when your lawyer fails to file a lawsuit within the timeframe and you lose the case that could be a sign of malpractice. Misuse of funds Fraud in the handling of funds by a lawyer is one of the most widespread forms of legal fraud. Lawyers are bound by a fiduciary obligation to their clients, and must act with integrity and fidelity when handling money or other assets that the client has trusted them with. If a client pays retainer to their lawyer, the lawyer is required to deposit the money into an separate escrow account that is specifically destined for the purpose of the case only. If the lawyer co-mingles the escrow account with their personal funds, or uses it for any other purpose, this is a clear breach of fiduciary responsibility and could result in legal malpractice. Imagine, for example that a customer hires an attorney to represent the client in a lawsuit filed against a driver whose vehicle was struck by them as they crossed the street. The client could prove the driver's negligence and the collision caused the injuries they sustained. However, their lawyer fails to comply with the statute of limitations and is incapable of bringing the case within the timeframe. The lawsuit is dismissed, and the injured party is liable for financial loss as a result of the lawyer's error. The time frame for suing an attorney for negligence is governed by a statute-of-limitations which can be a challenge to determine in cases where a loss or injury was the result of the negligence of the attorney. A reputable New York attorney with experience in the field of malpractice law can explain the statute of limitations to you and assist you determine if your situation is a suitable candidate for a legal malpractice suit. Inability to follow the Rules of Professional Conduct Legal malpractice occurs when an attorney does not adhere to the generally accepted standards of professional conduct, and inflicts harm on the client. It has the same four elements as the majority of torts, which include an attorney-client relationship and a duty, a breach, and proximate causality. A few examples of malpractice include the lawyer combining their personal and trust funds, failing timely to file suit within statute of limitations, pursuing cases in which they are not competent, failing to perform an investigation into conflicts and not keeping up to date on court proceedings or any recent developments in law that could impact the case. Lawyers must communicate with their clients in a reasonable way. This doesn't only apply to email and faxing and also includes answering phone calls promptly. Attorneys can also commit fraud. It can be done by lying to the client or to anyone else involved in the investigation. It is crucial to know the facts to determine if the attorney was insincere. A breach of the agreement between the attorney and client occurs when an attorney takes cases outside their area of expertise without informing the client about it or informing them to seek out independent counsel. Failure to provide advice If a client decides to hire an attorney, it indicates that they have reached the point at which their legal situation is beyond their own skill and experience and that they are unable to resolve it on their own. The lawyer's job is to provide advice to clients regarding the merits of a case in addition to the costs and risk associated with it, and their rights. Lawyers who fail to do this could be liable. Many legal malpractice cases stem from poor communication between attorneys and their clients. For example attorneys may not return phone calls or fail to notify their clients of a decision made on their behalf. Attorneys may also fail to disclose important information about a case or fail to reveal any problems that may arise from an transaction. It is possible to sue an attorney for negligence, however, a client must prove they suffered financial losses as a result of the negligence of their lawyer. These losses must be documented. This requires evidence, such as email files and client files, or other correspondence between an attorney and a customer, as well bills. In the event of theft or fraud It may be required to get an expert witness to look into the case. Failure to Follow the Law Attorneys are obligated to follow the law and comprehend the laws that apply to specific circumstances. They could be found guilty of malpractice when they fail to do so. Examples include mixing client funds with their own, or using settlement proceeds to pay personal expenses, or not performing basic due diligence. Other examples of legal misconduct include failure to file a lawsuit within the time limit or missing deadlines for filing with the court and not complying with the Rules of Professional Conduct. Attorneys must disclose any conflicts of interest. They must disclose to clients any financial or personal interests that might affect their judgment when representing them. Attorneys are also required to comply with the directions of their clients. If a client asks them to take a particular action, the attorney must follow the instructions unless there is any reason that suggests it is not beneficial or feasible. In order to prevail in a malpractice case the plaintiff must show that the lawyer acted in violation of his duty of care. This can be a challenge, as it requires showing that the defendant's actions, or inaction, caused damages. It isn't enough to show that the attorney's negligence caused a bad result. A malpractice claim must prove that there was a significant chance that the plaintiff's claim would have been won if the defendant had followed standard procedures.