What is Considered Legal Malpractice?
Posted July 20th, 2021.
Categories: Legal Malpractice.
Unfortunately, attorneys can act negligently which can result in their clients being harmed. If you believe that you are a victim of legal malpractice, it is essential that you reach out to an experienced legal malpractice attorney who will fight for your rights in court. Our firm is prepared to hold the lawyer in question accountable.
Examples of Legal Malpractice
If your attorney’s negligent actions led to a breach of contract or a breach of fiduciary duty, you likely have a valid legal malpractice claim. When filing a legal malpractice claim, you will have to prove that the lawyer’s acts result in your harm, that the errors that they made were preventable, and ones that any reasonable lawyer would not do. Some of the most common examples of legal malpractice include the following:
- Failing to provide timely notice of tort claim under federal or state law
- Negligently delegating work to an inexperienced lawyer without supervising them
- Misplacing evidence, files, or other important documents
- Neglecting pre-trial deadlines
- Ignoring the client’s wishes
- Failing to address child support liens on settlements
- Failing to account for tax consequences of a settlement
- Making a mathematical error in calculating damages or payoff amounts
- Ignoring pre-trial discovery opportunities (such as depositions and subpoenas)
- Failing to serve timely Affidavit or Certificate of Merits in malpractice cases
- Failing to address workers’ compensation liens on settlements
- Failing to advise a client about insurance considerations
- Failing to address doctor’s liens, health care liens, and letters of protection.
- Negligently referring work to other law firms or lawyers without the client’s permission.
- Negligently referring work to other lawyers without screening them first.
- Misapplying the law to the facts of the case
- Neglecting to retain an expert witness (or the proper expert witness)
- Failing to interview crucial witnesses
- Settling a case without a client’s consent
- Failing to respond to the adversary’s discovery requests
If you have found yourself in any of the above situations, it is important that you reach out to an experienced legal malpractice attorney who will fight to right this wrong. Our experienced firm is prepared to fight for your rights in court and hold this attorney accountable. If you have been harmed due to a legal professional;’s negligence, you may be eligible for compensation. Reach out to our firm today to learn how we can assist you. We are here to help.
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.