Schwartz & Ponterio, PLLC

Call Us With Your Questions

917-338-3879
  • Home
  • Attorneys
    • Matthew F. Schwartz
    • John Ponterio
  • Practice Areas
    • Legal Malpractice
    • Copyright Law
    • Referrals For Legal Malpractice
    • Criminal Defense
  • Blog
  • Contact
Schwartz & Ponterio, PLLC
917-338-3879
  • Home
  • Attorneys
    • Matthew F. Schwartz
    • John Ponterio
  • Practice Areas
    • Legal Malpractice
    • Copyright Law
    • Referrals For Legal Malpractice
    • Criminal Defense
  • Blog
  • Contact

Schwartz & Ponterio, PLLC holds lawyers responsible for legal malpractice.

Lost your case because of poor representation? Make a claim

On Behalf of Schwartz & Ponterio, PLLC | Apr 8, 2020 | Legal Malpractice

When you’re facing trouble, you want to know that your attorney has the skills needed to represent you appropriately. You have a right to adequate representation.

When you hire an attorney or are appointed one, that attorney should be familiar with the laws that affect your case (or get familiar with them by researching). When an attorney’s representation is exceedingly poor, it can mean the loss of your case. In some instances, like in criminal cases, you might be able to show that the attorney’s incompetence led to your conviction. In a personal injury case, you may turn to another attorney to file a legal malpractice lawsuit and show that the attorney did not represent you appropriately.

How do you prove that an attorney did not represent you adequately?

To start with, you will need to show that the attorney’s performance was substandard. You should show that the attorney’s performance was so poor that they didn’t perform their function and potentially deprived you of a fair case.

What does an attorney need to do in a criminal case to fairly represent a client?

Every case is a little different, but some of the things that a good defense attorney may do include:

  • Investigating a case
  • Seeking DNA or blood testing
  • Cross-examining witnesses
  • Objecting to harmful statements or evidence
  • Knowing when they have a conflict of interest when representing the defendant

For example, if there is evidence that could be tested for DNA to prove or disprove a client’s connection to the item, the attorney should seek a DNA test to verify if DNA from the client was found. If they fail to do this but DNA evidence could have been used to clear the client’s name, then a client may argue that the attorney did not represent them adequately.

No one expects attorneys to be perfect, because the truth is that they are human and do make mistakes. However, it is necessary for them to be cautious about the steps they do or don’t take in a client’s case. If your attorney does not represent you accurately or adequately, it could mean a criminal conviction or the loss of a personal injury case, for example.

If you lose a case or are impacted because of your attorney’s lack of skill, you may want to consider filing a legal malpractice claim against them. Your new attorney can help you determine if this is a case worth fighting over.

Categories

  • Copyright Law
  • Intellectual Property
  • Intellectual Property Litigation
  • Legal Malpractice

Archives

Recent Posts

  • Continuous representation doctrine and NY legal malpractice lawsuits
  • Is avoiding use of AI legal malpractice?
  • 2 common examples of legal malpractice in real estate matters
  • Does a missed deadline automatically mean legal malpractice?
  • Legal billing hours fraud: What wronged clients need to know

RSS Feed

Subscribe To This Blog's Feed

Schwartz & Ponterio, PLLC
NEW YORK
134 W. 29th Street, Suite 1001
New York, NY 10001-5304

New York Office

PHONE
917-338-3879

FAX
212-714-1264

  • Follow
  • Follow
  • Follow
Review Us

Send Us An Email

Attorney Advertising

© 2026 Schwartz & Ponterio, PLLC • All Rights Reserved

Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw