What is a Negligent Attorney Strategy?
Posted June 1st, 2021.
Categories: Legal Malpractice.
It is possible that your attorney has committed legal malpractice by using a negligent strategy. To discover if you have a case, you should seek the assistance of a trustworthy and understanding attorney who will help you discover if you are a victim of legal malpractice. Continue reading to discover what constitutes a negligent attorney strategy, the most common examples of negligent attorney strategies, and how to file a legal malpractice lawsuit. Do not hesitate to reach out to our firm today to discuss your situation and how we can assist you through your upcoming legal process. We are here to help and want you to receive the compensation you deserve.
What constitutes a negligent attorney strategy?
If your attorney’s strategy can be described in any of the following ways they may have acted negligently and you may have a legal malpractice claim:
- Misguided or misdirected
- Too weak
- Too aggressive
- Too costly
- No strategy
You may have a viable legal malpractice lawsuit if your lawyer’s strategy can be described in any of the above ways. There may be a breach of duty if you can prove that an attorney with the competence necessary to provide the same legal services would not have made the decisions your attorney made.
What are some of the most common examples of negligent attorney strategies?
The most common examples of negligent attorney strategies are as follows:
- Failing to plead the best defenses
- Neglecting to consider tax consequences
- Disregarding the need to retain, prepare, and utilize appropriate expert witnesses
- Allowing a member of the client’s family to dictate the direction of the case
- Failing to adequately fight pre-trial motions
- Failing to file the appropriate cross-motions
- Failing to identify, interview and prepare witnesses for trial
- Choosing the wrong court to initiate the claims
- Choosing the wrong causes of action or theories of liability
- Not pursuing pre-trial discovery
- Assuming that a settlement offer will improve, delaying work
- Using discovery tactics to harass the opposing side
- Adopting an unworkable theme for the trial
- Disregarding insurance ramifications
How do I file a legal malpractice lawsuit?
Your attorney will have to prove several things to win a legal malpractice claim. The first action your attorney will take is to prove that you were the attorney in question’s client and that they owed you a fiduciary duty. They will then prove that this attorney acted negligently, breaching the duty of care they owed you. They will then prove that you lost your case as a result of this negligence, resulting in significant damages.
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.