What is a Negligent Attorney Strategy & Can I Sue an Attorney for Pursuing One?

Posted October 6th, 2020.

Categories: Legal Malpractice.

There is nothing more disconcerting than depending on an attorney to assist you after an injury, or though any other legal matter, only to have that attorney bungle your case due to his or her negligence. In many cases, attorneys will pursue a strategy that is simply unrealistic or unfeasible. When this happens, it is known as a negligent strategy, and, in many cases, when someone loses their case due to their attorney pursuing a negligent strategy, there is a very good chance that person may be able to sue their attorney for legal malpractice. If you believe this has happened to you, please read on and reach out to our experienced New Jersey legal malpractice attorney to learn more about how our firm can help you attain the justice you deserve. Here are some of the questions you may have:

How do I know if my attorney pursued a negligent strategy?

Before seeking damages, you will have to confirm that your attorney was, indeed negligent–simply failing to win your case does not qualify as negligence. That being said, if you can prove that the attorney pursued a negligent strategy that he or she clearly should have known better than pursuing, you may have a claim. If your attorney was not persistent when he or she should have been, or your attorney was too aggressive, or even unethical, you may have a valid claim. Our firm can work to gather and present all the evidence needed to prove that your attorney owed you a fiduciary duty, breached that fiduciary duty, and harmed the outcome or otherwise lost your case as a direct result of breaching that duty.

What are some of the most common examples of negligent attorney strategies?

There are various ways in which your attorney could pursue a negligent strategy, including the following:

  • Failing to sufficiently fight pre-trial motions
  • Neglecting to file the necessary cross-motions
  • Neglecting to consider potential insurance implications
  • Failing to use a workable theme during your trial
  • Failing to put the time and effort into working on your case
  • Delaying a case, wrongly assuming the settlement offer would improve
  • Neglecting to adequately prepare witnesses for a trial
  • Failing to select witnesses for a trial
  • Failing to consider the potential tax consequences or implications of a lawsuit

If you believe your attorney did any of the aforementioned and lost your case, give our knowledgeable firm a call 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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