If you believe your lawyer has harmed you through negligence or misconduct, you may consider filing a legal malpractice claim or a bar complaint. Understanding the differences between these options will help you make an informed decision. Let us explore each choice to determine which aligns best with your goals.
Legal malpractice claim
A legal malpractice claim is a lawsuit against your attorney for negligence or misconduct that caused you harm. In New York, you must prove three elements to succeed in a legal malpractice claim:
- Duty: Your attorney owed you a duty of care.
- Breach: Your attorney breached that duty through negligence or misconduct.
- Damages: You suffered financial loss due to the breach.
These claims aim to compensate you for harm caused by your attorney’s actions. They often involve complex litigation and require substantial evidence, including expert testimony, to establish the standard of care and how the attorney breached it.
Bar complaint
A bar complaint is a grievance you file with the New York State Bar Association or the appropriate disciplinary committee. It addresses ethical violations or professional misconduct by your attorney. The main goal of a bar complaint is to hold the attorney accountable and protect the public, not to seek compensation.
The disciplinary committee investigates the allegations when you file a bar complaint. If they find merit, they can impose sanctions on the attorney, ranging from reprimands to disbarment. However, a bar complaint does not provide financial compensation for any harm suffered.
Choosing the right path
Your decision between a legal malpractice claim and a bar complaint depends on your objectives. File a legal malpractice claim if you seek financial compensation for damages caused by your attorney’s negligence. File a bar complaint if your primary concern is addressing ethical violations and preventing future misconduct.
In some cases, you might choose to pursue both options simultaneously. Consider consulting with a legal professional to determine the best course of action based on your circumstances.