Is it Legal Malpractice if My Attorney Pursued a Negligent Strategy?
Posted January 19th, 2021.
Categories: Legal Malpractice.
When someone hires an attorney and that attorney fails to represent his or her client’s best interests, there is a very good chance that the attorney is guilty of legal malpractice. One of the most common ways in which an attorney can commit an act of legal malpractice is by pursuing a strategy that is unrealistic, unfeasible, or simply careless and has little chance of success. Attorneys are trained in knowing and understanding the law, and because of this, they should know whether a strategy has a chance of being successful. When an attorney fails to pursue a reasonable strategy, a client could easily lose a case as a result, and wrongfully so. If this has happened to you, you are most likely now looking to hold your attorney accountable. Our firm is here to help. Please continue reading and speak with our seasoned New Jersey legal malpractice attorney to learn more about how we can help you through every step of the process ahead. Here are some of the questions you may have:
What are some examples of negligent strategy?
There are various examples of negligent strategies. For example, if your attorney should have been more aggressive, you may have a valid claim. If your attorney was too aggressive, on the other hand, you may also have a claim. Unethical actions also may qualify for a claim. When an attorney neglects to file cross-motions, fight pre-trial motions, or fails to use a workable theme during your trial, you may have a legal malpractice claim. If your attorney delays your case, neglects to dedicate his or her time to working on your case, or fails to select/prepare witnesses for a trial, you will most likely have a case.
How do I file a legal malpractice lawsuit?
To win a legal malpractice claim, your attorney will have to prove several things. First, your attorney will have to prove that you were the attorney’s client, and that the attorney, therefore, owed you a fiduciary duty. From here, your attorney will have to prove that the attorney acted negligently, thereby breaching the duty of care that he or she owed you. Finally, your attorney must prove that you lost your case or otherwise incurred significant damages as a result of the negligence. If you have any further questions, please do not hesitate to speak with us 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.