Can I Sue My Attorney for a Negligent Strategy?

Posted August 31st, 2022.

Categories: Legal Malpractice.

If you lost a case that you believe you should have won, this may be because your attorney used a negligent strategy. In this circumstance, you may have grounds for a legal malpractice claim. Read on to discover what is considered a negligent strategy and how a seasoned New Jersey legal malpractice attorney at The Law Offices of Mark S. Guralnick can help you sue the careless attorney.

What constitutes a negligent strategy?

A number of different reasons can constitute a negligent strategy. That said, you may have the right to sue your attorney if their negligent strategy can be described using any of the following terms:

  • Unethical.
  • Misguided.
  • Misdirected.
  • Weak.
  • Costly.
  • Overly-aggressive.
  • Unplanned.

What are common examples of negligent strategy?

Along with different terms that can describe a negligent strategy, the following are different actions that can be seen as such:

  • Failure to fight pre-trial motions.
  • Failure to pursue pre-trial discovery.
  • Failure to meet pre-trial deadlines.
  • Failure to plead the best defense.
  • Failure to choose the right causes of action.
  • Failure to choose the right court to initiate the claims.
  • Failure to retain appropriate expert witnesses for the trial.
  • Failure to prepare witnesses for the trial.
  • Failure to file the appropriate cross-motions.
  • Failure to adopt a workable theme for the trial.
  • Failure to consider tax consequences.
  • Failure to consider insurance ramifications.

Am I eligible to sue for a negligent strategy?

You are eligible to file a legal malpractice claim due to your attorney’s negligent strategy, so long as you can prove the following:

  • You must prove that you were the client of the attorney in question and that they owed you a fiduciary duty.
  • You must prove that this attorney breached the duty of care they owed you by acting negligently.
  • You must prove that as a result of your attorney’s negligence, you lost your case or otherwise experience significant damages.
  • You must prove that an attorney with the competence necessary to provide the same legal services would not have made the decisions your attorney made.

Rest assured, our firm is here to help you in proving the above. That said, do not hesitate in reaching out to one of our proficient attorneys at our legal malpractice law firm located in Cherry Hill as soon as you can. We will passionately fight on your behalf for the financial compensation that you are rightfully entitled to.

Contact our experienced New Jersey firm

If you require the services of a dedicated legal malpractice attorney in New Jersey, please contact The Law Offices of Mark S. Guralnick today for a free consultation.

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