Just as you can file a claim against a doctor for medical malpractice, you can file a claim against a lawyer for legal malpractice. The standards are fundamentally the same–your lawyer must have handled your case so badly that it constitutes professional negligence.
It can be difficult to win a legal malpractice claim. However, many clients are able to recover compensation when their lawyer commits malpractice.
Possible Examples of Legal Malpractice
Examples of legal malpractice in a New York personal injury case might include:
- Failing to perform adequate legal research.
- Failing to conduct an adequate search for evidence.
- Submitting incorrect or inaccurate documentation, filings, or settlement agreements
- Settling a case without your consent, settling for less than the amount you authorized, or failing to tell you about an attractive settlement offer.
- Missing a deadline, such as the deadline to file an appeal or the statute of limitations deadline for filing a lawsuit.
- Representing you in a field of practice where they lack expertise and experience.
- Failing to disclose a conflict of interest
These are just a few examples of legal malpractice. However, not all undesirable actions will rise to the level of legal malpractice. If you believe you have been victimized by attorney malpractice, you should speak with another attorney right away.
Offensive Attorney Behavior That Might Not Rise to the Level of Legal Malpractice
Not every inappropriate attorney action or inaction constitutes attorney malpractice. Following are some examples of unprofessional behavior that might not add up to legal malpractice:
- Being impolite, obnoxious, or disrespectful to you or other people involved in your case.
- Not promptly responding to telephone calls or emails.
- Failing to update you on the status of your case. .
- Not properly preparing for a hearing or trial.
Many of these failures can rise to the level of legal malpractice if they are serious or persistent enough. However, a single failure to return a phone call, for example, probably doesn’t amount to malpractice.
The Elements of a Legal Malpractice Claim
Simply losing your case doesn’t mean your lawyer committed legal malpractice-–after all, nearly every case has a winner and a loser.
To determine whether you have a legal malpractice claim, ask yourself whether you can prove the following factual assertions:
- Duty of care: This means you and your lawyer established an attorney-client relationship. They have a duty to provide proper representation.
- Breach of duty: Your attorney failed to provide competent representation.
- Causation: Your lawyer’s representation is what caused the harm you suffered. This element can be difficult to prove.
- Damages: You suffered harm, i.e., you lost your case or circumstances forced you to accept a less-than-optimal result.
You will likely qualify for significant compensation if you win your legal malpractice case. Keep in mind that New York does not require its lawyers to purchase legal malpractice insurance.
Reporting Your Lawyer for Professional Misconduct
If you believe your attorney has violated their professional ethics requirements, you can report them to New York’s Attorney Grievance Committee. You won’t qualify for compensation this way, but you might prevent your lawyer from victimizing anyone else.
Contact Another Lawyer Immediately For Help With Your Claim
It can be difficult to find a lawyer willing to represent a client against another lawyer in a legal malpractice case. It can be done, but you need to get started early searching for the appropriate lawyer. Contact an experienced lawyer today to learn more about your rights and options.
If you need legal assistance, contact the New York personal injury lawyers at Oresky & Associates, pllc at your nearest location to schedule a free consultation.
We have two convenient locations in New York:
Oresky & Associates, pllc – Bronx Office
149 E 149th St
Bronx, NY 10451
(718) 993-9999
Oresky & Associates, pllc – Queens Office
104-11 Roosevelt Ave
Queens, NY 11368
(347) 507-3884
