My Attorney Ignored My Wishes | Do I Have a Legal Malpractice Case?
Posted July 13th, 2022.
Categories: Legal Malpractice.
Above all else, an attorney has a duty of care toward their client. That is, they have a legal duty to act on behalf of their clients while placing the interests of their clients first, acting in good faith, and providing full disclosures. So if an attorney fails to listen to their client’s objectives and wishes, then their duty of care is breached and legal malpractice occurs. If you find yourself in this situation, continue reading to learn if you have a valid legal malpractice case against your former attorney and how a seasoned New Jersey legal malpractice attorney at The Law Offices of Mark S. Guralnick can help you navigate your legal options.
Is it considered legal malpractice if my attorney ignored my wishes?
Several actions can be interpreted as your attorney ignoring your wishes. For one, this can be the case if your attorney decides to settle your claim without your explicit permission to do so. Secondly, this can occur if your attorney purposely acts against your wishes because they claim that you are being impractical, rather than advising you of the best course of action. In both of these instances, legal malpractice is present and you will have a valid claim on your hands.
How can I prove that my attorney ignored my wishes?
Generally, there are three, relatively straightforward, steps that you and your attorney should take to successfully file a legal malpractice claim. They read as follows:
- You and your attorney must prove that your former attorney in question owed you a duty of care.
- You and your attorney must prove that your former attorney in question breached this duty of care by ignoring your wishes or objectives.
- You and your attorney must prove that this breach of duty directly resulted in the loss of your claim or a significant negative impact on the outcome of your claim.
What is the statute of limitations?
The statute of limitations for a legal malpractice claim in the state of New Jersey is typically 6 years from the date of the incident of malpractice. If you believe you experienced a breach of the duty of care and want to take legal action, do not hesitate in reaching out to our legal malpractice law firm located in Cherry Hill today to get started with this process.
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.