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What is legal malpractice?

| May 20, 2021 | Medical Malpractice |

Malpractice refers to the negligence performed by qualified professionals, such as dentists, doctors and lawyers. You may have a legal malpractice case if a New Jersey lawyer recently performed work for you that was below the standards expected from such an individual and if that underperformance resulted in damages.

What conduct should you expect from your lawyer?

One code of conduct that lawyers should abide by is the agreement to refuse to take on a case that directly conflicts with your own, also known as a conflict of interest. Also, a lawyer cannot use information obtained during their time with you outside of the relationship you both have established. For example, if you were going through a divorce and your lawyer offered to buy your home so that you did not have to split the income of the house, this is unethical and potentially worthy of a legal malpractice claim.

What are third-party legal malpractice claims?

Third-party legal malpractice claims are injuries sustained because of the lawyer’s representation of a case. Those who file under third-party claims do so for allegations against the attorney of defamation or malicious prosecution intending to cause emotional distress. Some clients file third-party claims based on statutes such as the Federal Rule of Civil Procedure 11 or other motions for sanctions.

What are considered negligent errors in a legal malpractice claim?

Negligent errors in the legal field are claimed when a client says that the error would not have happened had the attorney exercised proper care. Examples of negligent errors include when an attorney gives poor legal advice, prepares documents incorrectly or performs a faulty analysis for title examinations.

Legal malpractice is serious in its consequences to you, the client. If you have personally been on the receiving end of attorney misconduct, you may wish to seek legal advice.

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