Are You A Victim Of Attorney Fraud Or Misrepresentation In NYC?
Honest communication and ethical billing practices – these are some of the things you hope for when you hire an attorney. Unfortunately, some lawyers engage in fraudulent conduct or provide false statements that can turn your case upside down, causing serious financial harm.
We understand the betrayal you feel when an attorney uses deceptive practices against you. At Schwartz & Ponterio, PLLC, our fraud or misrepresentation attorneys have over three decades of combined experience helping New York City clients recover damages. When lawyers engage in intentional deception that damage client’s cases and finances, we’re ready to fight back.
What Constitutes Attorney Fraud Or Misrepresentation?
Attorney fraud involves deliberate dishonest dealings where lawyers knowingly provide misleading information to clients. This differs from simple mistakes or poor judgment calls. Fraudulent misrepresentation occurs when attorneys make material misrepresentations they know are false or should know are false.
The key difference between fraud and honest mistakes lies in the attorney’s knowledge and intent. Legal fraud claims require proof that your lawyer knew their statements were false or acted with reckless disregard for the truth. Common types of attorney fraud and misrepresentation include:
- Fraudulent billing practices: Your lawyer charges for hours not worked, bills multiple clients for the same time periods, inflates expenses or charges for services never provided
- Case strength deception: Your attorney claims a case has merit when they secretly know it will likely fail, creating fraudulent concealment while continuing to collect fees
- Deadline misrepresentation: Your lawyer fails to inform you about statute of limitations issues while continuing to bill for work on a time-barred case
- Work performance lies: Your attorney claims to work diligently on your matter while actually neglecting it and billing for substantial hours with minimal actual work
- Settlement concealment: Your lawyer hides settlement offers or misrepresents terms to benefit themselves rather than your interests
- Negligent misrepresentation This happens when your lawyer gives you incorrect information without intent to deceive
- Intentional misrepresentation: This involves deliberate lies designed to mislead clients
Understanding these different forms of attorney deception helps you recognize when you may have grounds for a legal claim, but proving fraud in court requires meeting specific legal standards.
How Do You Prove Fraud Or Misrepresentation In Court?
Proving attorney fraud requires establishing several key elements beyond standard malpractice claims. You must demonstrate that your lawyer made false statements of material fact, knew these statements were false or made them with reckless disregard for truth, and intended for you to rely on these false statements. Evidence for fraud cases often includes:
- Billing records showing impossible time entries or duplicate charges
- Email communications revealing your attorney’s actual knowledge about case weaknesses
- Testimony from other fraud or misrepresentation attorneys about industry standards
- Documentation showing the attorney’s pattern of deceptive behavior
- Financial records demonstrating your losses from the fraudulent conduct
The burden of proof for intentional misrepresentation typically requires clear and convincing evidence rather than the preponderance standard used in negligence cases.
What Is The Difference Between Fraud And Negligent Misrepresentation?
Fraudulent misrepresentation requires proof of intentional deception or reckless disregard for truth. Your attorney must have known their statements were false or acted with deliberate indifference to their accuracy. This often allows for punitive damages beyond simple compensation.
Negligent misrepresentation occurs when lawyers provide incorrect information without intending to deceive. They may have failed to research properly or made careless mistakes. While still actionable, negligent misrepresentation typically results in compensatory damages only.
The statute of limitations may also differ between fraud and negligence claims, with fraud cases sometimes allowing longer filing periods due to the discovery rule.
Recovering Damages From Attorney Fraud
Victims of attorney fraud may recover various types of compensation depending on their specific losses. Direct financial damages include money paid for fraudulent billing or fees for worthless services. You may also recover consequential damages like lost settlement opportunities or additional legal costs to fix problems your attorney created.
In cases involving intentional deception, courts sometimes award punitive damages to deter similar conduct. These awards can significantly exceed your actual financial losses when attorneys engage in particularly egregious fraudulent behavior.
Solutions To Attorney Fraud Are At Reach
If you believe your attorney engaged in fraudulent conduct or intentional misrepresentation, we can help you understand your legal options. Our attorneys have over 30 years of combined experience handling malpractice cases throughout New York City.
It can be hard to trust another attorney after enduring deception. That’s why Schwartz & Ponterio, PLLC, approach is centered on transparency. Through thorough investigation, we’ll help you recover the compensation you deserve. Contact us today at 917-338-3879, we’ll listen to your story.
