An attorney should not represent a client with whom the attorney has certain conflicts of interest. If you have questions about whether your attorney committed legal malpractice, contact our firm to schedule a consultation with an experienced attorney.
New Jersey Attorneys Taking Action Against Legal Malpractice
Many people aren't sure when they have been the victim of legal malpractice. At first, they may just suspect that something isn't right. They may notice things like how their lawyer isn't returning their calls as they would like, that their case has been dismissed by a judge, that they were forced to settle for a small amount or that they have received a negative outcome in court. These things don't always mean that lawyer malpractice is present, but they can be a sign that you should speak with a legal malpractice attorney.
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Frequently Asked Questions about Legal Malpractice
Q: How do I know if what my lawyer did was legal malpractice?
A: The laws on legal malpractice typically demand that the lawyer's action (or inaction) was negligent and negatively affected the outcome of your case — for instance, causing you to lose a lawsuit that you otherwise would have won. This can be difficult to prove. Speaking with a different attorney may help you assess whether you have a strong case for legal malpractice.
Q: Why are filing deadlines so important?
A: The deadlines for filing papers with the court are important because there are time limits on when you can bring a lawsuit against someone who has violated your rights. For instance, a state may say that a person who has been injured because of another's negligence has only two years to file a personal injury lawsuit. After two years, the injured person no longer has that option. If you bring your case to a lawyer in a timely fashion but the lawyer fails to file the papers in time, you could lose your chance to take legal action.
Legal Malpractice - An Overview
A variety of major life events can call for the assistance of a lawyer: adoption, divorce, serious accidents, business transactions and estate planning, to name a few. In most cases, the lawyer's help makes the process move more smoothly and provides confidence in the outcome. Sometimes, however, the lawyer fails to follow through or makes a serious error in conducting the case. When this leads to a poor outcome, the client may have a claim against the lawyer for legal malpractice. If you believe that your lawyer committed malpractice, contact Ginsberg & O'Connor, P.C. in Mount Laurel, NJ, to schedule a consultation with a lawyer to discuss your possible legal remedies.
Understanding Lawsuits
When you put your future in the hands of an attorney, you want to feel secure in your decision. Most of the time, the process works as it should. Sometimes, however, the attorney is negligent, causing damage to the case. If you suffered serious consequences because of your attorney's negligence, you may have a claim for legal malpractice. To understand what went wrong in the representation, it can help to understand the steps involved in a civil lawsuit. This article will give you insight into how a typical lawsuit plays out and how yours may have differed.
Fee Agreements and Disputes
A common complaint from the clients of attorneys is that they never know what to expect when they receive a bill for legal services. The bills may seem unreasonably high or difficult to decipher. Most of these clients aren't sure of their options when they disagree with the billing process.
Legal Malpractice in Criminal Defense Cases
If you or a loved one has been convicted of a crime, there may be certain things you wish the defense attorney had done differently. This is natural. But if the attorney's actions (or inaction) prevented a favorable outcome in your case, you may have a claim for legal malpractice.
Common Bases of Malpractice Claims
A lawyer cannot win every case. Sometimes, the facts or the law are just not in the client's favor. Other times, however, the facts and the law are in the client's favor, but the lawyer makes an error that seriously damages the case.
Legal Malpractice Resource Links
American Bar Association (ABA) Center for Professional Responsibility
The ABA provides publications and information regarding the professional regulation of attorneys and the legal ethics that guide them.
American Legal Ethics Library
The Legal Information Institute (LII) has compiled ethics rules, laws and commentary and organized them by state and topic.
Directory of Lawyer Disciplinary Agencies
The American Bar Association's directory contains the names and addresses of lawyer disciplinary agencies nationwide.
Federal Judiciary Rules and Policies
Find links to the rules for US federal courts and information on how those rules are made and enforced.
Occupational Outlook Handbook: Lawyers
The Bureau of Labor Statistics provides a useful explanation of what lawyers do and how they do it.
