All professionals have a duty to adhere to the standards of their profession and this is especially true for lawyers. It’s a timely and costly process to find the right attorney to represent you in court, and it can be disastrous if your attorney fails to do his job.
If you or your business had legal matters that were handled negligently by your representation, the attorney in question may be liable for damages caused by their negligence. In New Jersey, legal malpractice is rare but it happens when an attorney breached their duty of care to the client and, as a result, caused the client to suffer financially, personally, or professionally.
What Is Considered Legal Malpractice In New Jersey?
Lawyers occasionally make mistakes but at what point is a mistake considered legal malpractice? And at what point should you consider hiring a legal malpractice attorney in NJ? There are a set of elements that must be proved for cases like these, but if a client-turned-plaintiff can prove the following requirements, then a legal malpractice case may be warranted:
- The existence of an attorney-client relationship that would create a duty of care by the defendant attorney
- The ability to prove that the attorney in question represented you in a negligent manner
- The ability to prove the nature of damages caused by the attorney’s negligence
It’s important to note that legal malpractice will not be upheld if the only defense is an undesired ruling in a court case; you cannot sue an attorney for a court’s decision. On the other hand, if your former attorney failed to meet deadlines or court dates, breached a fiduciary duty, acted in conflict of interest, or mishandled funds, then speaking with a legal malpractice attorney in NJ could be the first step toward recovering damages. There are a variety of other ways that an attorney can commit legal malpractice:
- Overbilling or misusing client funds (charging fees without explaining them)
- Missing the statute of limitations
- Missing deadlines
- Failing to respond to court motions
- Failing to file documents in a timely fashion
- Failing to attend hearings
- Displayed incompetence while representing you
- Conflict of interest
- Violated the law
Choosing The Right Attorney For Your Claim
Once you believe that you have a substantial claim you should begin to explore your legal options. You will need to find an attorney who specializes in these cases and you must do plenty of research before choosing a legal malpractice attorney. It is crucial that you find a lawyer that focuses on and has experience with legal malpractice claims and success in getting justice for victims of legal malpractice. If you are unsure where to start or what questions to ask, you can start by reading reviews and testimonials from past clients and scheduling initial consultations with more than one attorney.
Most consultations are free so there is no harm in exploring your options. It is very common for individuals to hire the first attorney they speak with , especially if this is a pressing matter, but doing your research and choosing the right law firm and attorney will pay off because they have a higher understanding of legal negligence. Be sure to have an outline that details your claim and how legal negligence affected you negatively – financially, personally, professionally – and be sure to take notes on the various attorneys that you speak with.
The attorney you choose should be able to answer general and specific questions that you may have regarding legal malpractice in New Jersey.Legal malpractice usually involves two sets of issues and evidence – damages and liability. Damage refers to the damages that are suffered as a result of attorney negligence; liability refers to whether or not the attorney can be held liable for negligence. The attorney that you choose should have experience with relevant or similar cases so they can begin to build your case that shows evidence for both damages and liability.
In addition to acting in your best interest, you should find an attorney who you feel comfortable with.
Conclusion
Legal malpractice is something that no one expects when initially hiring an attorney. But unfortunately, when a lawyer’s mistake affects you negatively, they need to be held to the same standards as everyone else. If you believe that you were a victim of legal negligence, contact an attorney who specializes in legal malpractice. The outcome of your legal malpractice claim is not guaranteed but with the right representation, justice can be served.
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