Is it Considered Legal Malpractice if My Attorney Has a Conflict of Interest?

Posted March 3rd, 2022.

Categories: Legal Malpractice.

When you hire someone for any job, you place your trust in them to do what is expected of them, finish the project on time and to the best of their ability, and meet your needs and expectations. Being a lawyer is a very important job, because in most cases people are trusting you with sensitive information that could impact their future. It is unacceptable for an attorney to not uphold their client’s best interests while acting within legal constraints. That is their job. Unfortunately, at times, this does occur. Legal malpractice is a term for negligence, breach of fiduciary duty, or breach of contract by a lawyer while providing services to a client that harms them or the outcome of their case. Depending on the specifics of your situation, a conflict of interest could be considered legal malpractice. Contact our New Jersey Legal Malpractice Attorney to learn more about your options for proceeding.

What is considered a conflict of interest, and is it always legal malpractice?

Attorneys can either conduct malpractice negligently or maliciously. If your attorney does not disclose their conflict of interest and they lose your case, you could very well have a legal malpractice claim against your attorney. Our New Jersey Legal Malpractice Attorney is here to help you attain the justice you deserve.

Examples of a conflict of interest are:

  • Acting against a client they once had
  • Representing an opposing client
  • Representing a new client who had worked for a firm that represented the opposing client, thereby obtaining confidential information on them

Do I have a legal malpractice claim against my attorney?

Yes, you have a legal practice claim against your attorney if…

  • Your attorney did not do proper research on your case
  • Your attorney did the research, saw the conflict of interest, yet represented you despite the conflict of interest and lost your case

You may not have a legal practice claim against your attorney if…

He can prove that he did his research and still felt that he could provide “competent and diligent” representation while acting in an honest, open and dignified manner

Statute of Limitations

The statute of limitations for legal malpractice in New Jersey is six years from the date of the conduct giving rise to the malpractice claim. The New Jersey Supreme Court has ruled that this deadline applies regardless of the nature of the legal malpractice case.

If you believe you have a legal malpractice claim against your attorney, do not hesitate to reach out to our office today.

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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