Frequently Asked Questions Concerning Legal Malpractice in NJ
Posted November 3rd, 2020.
Categories: Legal Malpractice.
When someone hires an attorney to represent their best interests, they expect exactly that–in fact, attorneys have a legal obligation to exclusively work to protect their clients’ best interests. This is known as a fiduciary duty. That being said, in many cases, attorneys breach this fiduciary duty, and their clients are significantly harmed as a result. This is known as legal malpractice. If you believe that you are a victim of legal malpractice in New Jersey, there is a very good chance you now have several questions about how you may proceed. For this very reason, our New Jersey legal malpractice attorney has answered some of the most commonly-asked legal malpractice questions below. Please continue reading to learn more.
What happens if my attorney repeats what I told him in confidence?
Attorneys have a duty of confidentiality towards their clients, which means that if your attorney repeated anything you told him or her in confidence, he or she committed an act of legal malpractice. Our firm can pursue a claim against that attorney on your behalf.
Can I sue my attorney if I believe he or she had a conflict of interest?
In many cases, yes, however, having a conflict of interest is not always considered malpractice. For example, if your attorney can prove that, despite having a conflict of interest, he still worked to the best ability to represent your rights, and that the conflict of interest had no impact on the outcome of your case, you may not successfully sue that attorney for malpractice.
Can I sue an attorney if he ignored my calls?
While yes, ignoring phone calls is rude, unprofessional, and unethical, the truth is, in many cases, this is not considered legal malpractice. That being said, attorneys are required to update their clients whenever a new development occurs in their case, and if your attorney failed to do so and you believe it negatively impacted the outcome of your case, you may have a valid claim.
How do I know if I can sue an attorney for legal malpractice in New Jersey?
To win a legal malpractice claim, you will have to prove that your attorney had a fiduciary duty to represent your case, breached that fiduciary duty, and that your case was negatively impacted and you sustained significant damages as a result, you should win your claim. Our firm is here to help. All you have to do is ask.
Contact our experienced New Jersey firm
The Law Offices of Mark S. Guralnick is an experienced and committed legal team for clients throughout the state of New Jersey. Our team effectively serves victims of legal malpractice. If you require the services of a dedicated attorney, please contact The Law Offices of Mark S. Guralnick today for a free consultation.