How to Prove Legal Malpractice

Posted August 20th, 2019.

Categories: Legal Malpractice.

An attorney’s primary job is to be a diligent and faithful protector. Lawyers seek to serve clients who have been wronged. Unfortunately, if you hire an attorney and are wronged, you face the bitter irony of being harmed by someone who was supposed to help you in your time of need. If you have been wronged by an attorney, you understandably may be hesitant to hire another attorney. However, you will need a trustworthy and competent attorney to attain the justice you deserve. Our firm is more than ready to help, and you can rest assured we will fight honestly and fearlessly on your side. If you are seeking a legal malpractice claim, here are some of the questions you may have about the process going forward:

What are the elements of a legal malpractice claim?

When you wish to bring a negligent attorney to justice, you must first prove your claim. Proving negligence is not always easy, and to win, you will have to prove four main things: First, you will have to prove that you were, in fact, that attorney’s client, and he or she owed you a duty of care. You must then prove that the attorney breached the duty of care, was negligent, made a mistake, or did not do what he or she said they were going to do. From here, you must prove that this negligent behavior hurt you financially and that you suffered significant financial losses as a result.

What is considered legal malpractice?

Some cases that have been considered legal malpractice in the past are as follows:

  • A lawyer settling a case without his or her client’s specific permission
  • An attorney failing to do any work, and a client’s case was thrown away as a result
  • Lawyers misusing money their clients provided as a retainer
  • Attorneys repeating things their client tells them in confidence
  • An attorney neglecting to work on a case 

Legal malpractice vs. ethical violations

If you believe you have a valid legal malpractice claim, you should know that there is a difference between legal malpractice and other ethical violations. Essentially, a legal malpractice claim alleges that an attorney did not sufficiently perform his or her services, and may have nothing to do with whether they were honest or following the applicable ethical rules. However, a bar complaint alleges that an attorney violated his or her ethic duties, no matter the outcome of your case. 

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.

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