What is Legal Malpractice?

Posted August 13th, 2019.

Categories: Legal Malpractice.

When someone retains legal counsel, they expect their attorney will fight in their corner. However, attorneys are sometimes negligent, and their clients can take a beating as a result. If you believe you have been wronged by a legal professional, you may be wondering about your next steps going forward. Please read on to learn more. 

What are some examples of legal malpractice?

Generally, if an attorney’s negligent actions led to a breach of fiduciary duty or a breach of contract, you will have a valid legal malpractice case. However, to recover compensation, you must first prove that the lawyer’s acts were not just a result of poor strategy, rather, you must prove that your harm is the result of preventable errors on your attorney’s part. Oftentimes, cases of malpractice, whether medical, legal or otherwise come down to professionalism. If you have a gut feeling that a legal professional did not conduct him or herself appropriately, there is a very good chance you are right. Some examples of legal malpractice include, though are not limited to:

  • 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 find yourself in a situation where you believe you have been unfairly treated by a legal professional in any of the ways mentioned above, please do not hesitate to contact our compassionate firm today. People trust their attorney will fight for their legal rights, and when attorneys abuse that trust, clients are very often hurt as a result. This is why if you have been hurt due to a legal professional’s negligence, you should not hesitate to contact a more responsible, dedicated attorney who will fight, tooth-and-nail, for your rights.

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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