Is it Legal Malpractice if My Attorney Ignored My Wishes?
Posted October 12th, 2022.
Categories: Legal Malpractice.
Every attorney holds a duty of care toward this client. And when they breach this duty of care, this is when legal malpractice occurs. Sometimes, this can be seen when an attorney ignores their client’s wishes in how to pursue their case. If this sounds similar to the negative legal experience you had with your negligent attorney, then you may have an opportunity to hold them accountable. Continue reading to learn whether your experience is considered legal malpractice and how an experienced New Jersey legal malpractice attorney at The Law Offices of Mark S. Guralnick can help you in making this determination.
Is it considered legal malpractice if my wishes are ignored?
It is not always the case that your attorney ignoring your wishes constitutes a legal malpractice claim. However, in the following scenarios, it does:
- Your attorney decides to settle your claim without your explicit permission to do so.
- Your attorney decides to purposely act against your wishes because they claim that you are being impractical.
- Your attorney decides to purposely act against your wishes instead of advising you of the best course of action.
How can I prove that my wishes were ignored?
As mentioned above, your attorney has a legal duty to place your interests first, act in good faith, and provide full disclosures. So, if they fail to do so, there are several steps to take to prove this for your legal malpractice claim. They read as follows:
- You can prove that your attorney owed you a duty of care.
- You can prove that your attorney breached this duty of care by ignoring your wishes or objectives.
- You can prove that this breach of duty directly resulted in the loss of your claim or a negative impact on the outcome of your claim.
What is the deadline for filing a legal malpractice claim?
Like any other lawsuit, there is a deadline for filing a legal malpractice claim. In the state of New Jersey, this deadline, otherwise known as the statute of limitation, is generally six years from the date of your incident. If you miss this date, then you will be permanently barred from suing and, ultimately, you will lose out on your chance to hold your negligent attorney responsible. This is why we recommend that you employ one of the skilled attorneys from our legal malpractice law firm located in Cherry Hill as soon as you possibly can.
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.