What Constitutes a Legal Malpractice Claim?

Posted November 20th, 2019.

Categories: Legal Malpractice.

We hire attorneys to handle legal affairs that we cannot handle ourselves. Fortunately, our nation has some of the brightest, most resourceful and responsible attorneys in the world, specializing in all different types of law, from family to personal injury. However, there are some instances in which people hire attorneys who neglect to fairly, honestly, and adequately represent their best interests. When this happens, people very often wish to sue the attorneys for negligence. Please read on to learn more about how our firm can help you do so. Here are some of the questions you may have:

What is legal malpractice?

Not all instances where an attorney does not achieve a positive result on your behalf can be chalked up to legal malpractice. To win a legal malpractice lawsuit, you and your attorney will have to prove several things. First, you must demonstrate that you were the attorney’s client, and that he or she, therefore, owed you a duty of care. From there, you will have to prove that the attorney breached his or her duty of care, and that you suffered significant damages as a direct result of his or her breaching the duty of care. If you can prove that the attorney behaved negligently, made an unwarranted mistake, or simply did not say what he was going to do, there is a very good chance that you will have a valid case of legal malpractice on your hands.

What are some examples of legal malpractice?

There are several examples of behavior or actions that can qualify as legal malpractice. Some of which are as follows:

  • An attorney failing to work on a case after he or she said they would
  • Misusing money their client provides them as a retainer
  • Breaching the client-attorney confidentiality
  • Losing or misplacing crucial evidence
  • Failing to take appropriate legal action and missing deadlines, having a client’s case thrown away as a result

What is the difference between legal malpractice and an ethical violation?

Legal malpractice essentially means that an attorney did not adequately perform his or her duties as an attorney and that you were harmed as a result. An ethical violation, on the other hand, is alleged in a bar complaint and has more to do with whether an attorney was dishonest or did not follow ethical conduct. If you believe you are the victim of an incident of legal malpractice, please do not hesitate to reach out to our experienced firm 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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