Legal malpractice occurs when a negligent attorney provides bad representation that harms the client in some way.
When people enlist the help of an attorney or other legal professional to assist them with a case, they often assume that person is qualified for the job and will provide them with the legal aid they paid for. Sadly, this is not always the case. Negligent attorneys may devastate a person’s situation, legal case and life in many ways. Victims of legal malpractice, however, have rights, and may file a suit against their careless, inattentive or unknowledgeable legal representative.
Negligence And Planning Errors
A lawyer will be liable for legal malpractice if he or she deviates from the standard of practice. This may take several forms including missed deadlines, failing to sue the correct parties, failure to collect or analyze evidence or failure perform due diligence. In addition, poor communication between attorneys who are representing opposing clients or between the attorney and his or her client may bring disastrous results, as vital details may be unintentionally missed.
Ethical Violations
All attorneys are subject to ethical rules which mandate a duty of highest loyalty to the client. An attorney may breach those rules by representing two clients with differing interests or by making major decisions concerning your case without your consent. Of course, it should also go without saying that all attorneys are required to be honest and truthful with their clients and that an attorney who lies to his client also violates those ethical rules.
Getting Help
In any of these situations, the client must prove that the attorney was negligent in his or her duties, and that it indeed affected the outcome of the case. There are attorneys in New York who may be helpful in your legal malpractice case. After listening to the circumstances surrounding the case, the attorney may help you formulate a case based on the facts. A lawyer may be essential to your case and getting the judgement you deserve.