What Is Considered Negligent Strategy in Law?

Posted December 1st, 2022.

Categories: Legal Malpractice.

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When your attorney’s actions are negligent, then this may be a case of legal malpractice. This is because such negligence can ultimately result in you losing your case or in missing out on recovering your damages. If this is your case, then you may be able to file a lawsuit against your negligent attorney. Read on to discover what is considered negligent strategy in law and how a seasoned New Jersey legal malpractice attorney at The Law Offices of Mark S. Guralnick can help you in navigating your legal options.

What are the signs of negligent strategy?

You should be able to place your whole trust in your attorney that they will fulfill their fiduciary duty and treat your case with care. And in order to determine whether you can depend on your attorney, you must monitor their behavior. That is, the following are types of behavior that may indicate that your attorney is being negligent:

  • Your attorney is being unethical with the legal strategy they are pursuing.
  • Your attorney is being standoffish with your questions about their legal strategy.
  • Your attorney is being unorganized in planning out a legal strategy.
  • Your attorney is being weak during your legal proceedings.
  • Your attorney is being overly aggressive during your legal proceedings.

What are examples of negligent strategy?

In addition to your attorney’s behavior, you must keep a watch on their actions. With that being said, actions that are commonly associated with a negligent strategy in law include the following:

  • Your attorney is making your legal fees become more costly than what you originally agreed upon. That is, they failed to factor in tax consequences and insurance ramifications in your dues.
  • Your attorney is misguiding you in what is the best defense to plea.
  • Your attorney is missing important deadlines. That is, they are missing the opportunities to fight pre-trial motions, pursue pre-trial discovery, meet pre-trial deadlines, or file appropriate cross-motions.
  • Your attorney is making poor decisions. That is, they are not choosing the right causes of action, the right court to initiate your claims, and/or the right theme for the trial.
  • Your attorney is mishandling witnesses. That is, they are not recruiting expert witnesses and/or they are not preparing them to take the stand.

We understand that you just had a bad legal experience and that you likely do not want to go through this process again. But we must stress how important it is to seek justice and fight for the financial compensation that you missed out on with your first attempt. To get started on your legal malpractice claim, pick up the phone and call our Cherry Hill, NJ firm today. We look forward to meeting you in your initial consultation with us.

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