Facing a legal issue can happen to almost anyone. As a result, most people choose to enlist professional help when handling legal claims to ensure that their cases are properly addressed. Unfortunately, some parties may find that their counsel did not perform their duties appropriately, and they may choose to file legal malpractice claims.
When New York residents hire professionals to complete a job, they typically expect the task to be completed correctly. This may be especially true for those in the medical and legal fields. Unfortunately, some parties may find themselves the victims of legal malpractice after turning to attorneys for help, and as a result, they could have reason to take legal action against their former attorneys.
If you had the knowledge and experience to handle your court battles yourself, you would not need an attorney. When you have a legal issue, you rely on someone you believe has the knowledge, experience and attention to detail needed to handle the matter on your behalf. If your trust turns out to be misplaced, you could decide to file a legal malpractice claim, but is it too late by the time you discover the problem?
For many facing criminal charges in New York, the advice and representation of an attorney is their best hope of receiving a fair trial. An attorney who understands the law, the workings of the courts, and the methods of judges and other attorneys can give sound counsel for the best possible outcome for a client. On the other hand, if an attorney offers advice based on incorrect information, a client may suffer great harm, including the loss of freedom. Such a client may have cause to file a legal malpractice claim.
There are many occasions when privacy is critical. Counseling sessions, medical records and educational files all contain information that could be destructive if the public saw them. The same is true when someone visits a New York attorney. The information a client shares with a lawyer is privileged, and attorneys are under a strict code of ethics to keep it confidential. However, when an attorney is the victim of a hacking or cyberattack, it may be cause for a legal malpractice claim.
There are times when an issue arises that is beyond a person's knowledge or skill to handle. Car repairs, medical problems and home improvements may be more than some people can manage, so they contact a New York professional whose job it is to know the best course of action. The same is true when facing legal issues, and in those situations, one may call an attorney. However, if the attorney does not fulfill the client's expectations, when does this cross the line into legal malpractice?
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.
Hiring an attorney often takes a leap of faith. New York clients entrust their privacy, their money and their future in the hands of legal professionals with the expectation of honesty and the hope of a positive resolution to their issues. Because so much is often at stake when someone turns to a lawyer, the legal profession holds attorneys to the highest ethical standards. When those standards are not met, a lawyer may face charges of legal malpractice.
Real estate transactions typically involve great sums of money. When real estate investment is the primary function of a New York business, the investors often rely on the ethical and loyal assistance of an attorney who can offer advice and guidance on the prudence of a purchase. However, an attorney with conflict of interests can place the well-being of his or her clients in jeopardy. This is one example of legal malpractice.
Clients rely on the honesty, integrity and knowledge of their attorneys during some of the darkest and most stressful times of their lives. The right lawyer on the case can bring peace of mind to someone who is struggling with a legal issue and has no idea how to proceed on his or her own. Nevertheless, there are times when an attorney, in New York or elsewhere, will act unethically or even illegally. This is legal malpractice, and it can jeopardize the outcome of a client's case.