When you hire an attorney to represent you, each of you signs a contract to retain that attorney as your legal representative. The contract describes the rights and responsibilities you both have to one another.
One of the most important responsibilities of a lawyer is to be mindful of all legal deadlines and to file petitions, answers and other legal documents before the deadline expires. Below is some important information for those considering filing a legal malpractice claim.
Not every case will show malpractice
Even though attorneys do on occasion make errors on their clients’ cases, not all will rise to the level of malpractice. Below are the elements that must be shown by your malpractice lawyer:
- You were owed a duty of care to be represented by a knowledgeable and competent attorney.
- The attorney demonstrated a breach of their duty by making errors or not using an appropriate level of care for your case.
- Due to this breach, you were demonstrably harmed and suffered financially as a result.
- Had there been no legal incompetence or negligence by the attorney, you would have won your case.
Depending on the circumstances, an attorney filing a claim after it has prescribed, i.e., the time period for filing a claim has expired, might also warrant you claiming malpractice.
How do I know if I have a viable case?
Most legal laypersons won’t be able to determine the implications on an attorney’s blowing a deadline. They may have researched your case and found that it was not winnable. While they still demonstrated poor communication between the attorney and their client, that typically would not rise to the level of legal negligence.
Learning more about New York’s legal malpractice laws can help guide you in the civil law process.