Inadequate representation may lead to legal malpractice claim

Facing a legal issue in New York or elsewhere often means relying on the representation of an attorney. Whether the matter is criminal or civil, the client has the right to expect quality counsel because there is often a great deal on the line. When an attorney fails to provide adequate representation resulting in a negative outcome for the client, the client may have cause to file a legal malpractice claim.

An attorney does not have to be perfect to be efficient. However, an attorney's incompetence, inaction or negligence may leave a client with many difficulties, including substantial financial losses or the loss of freedom, which is a violation of the client's right to a fair trial. The client may seek to appeal the outcome under these circumstances, but the burden of proof, as well as the added expense, will be on the client.

Some examples of inadequate representation include failing to object to evidence or testimony that damaged the client's case, failing to adequately investigate the client's case, or failing to present or cross-examine witnesses. An attorney also has many deadlines to meet, including those for filing motions to appeal. When any of those deadlines are missed, the client has cause for concern.

The negative impact of a verdict or the reversal of a court decision on appeal may prompt a New York client to seek additional redress from the negligent lawyer. After consulting with an attorney, the client can learn if there is cause for filing a legal malpractice claim. In this case, it will be important to have legal representation from an attorney with experience in these matters.

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