Are You A Victim Of Legal Malpractice?

It is rare to find an attorney willing to file a lawsuit directly against another attorney or a powerful law firm. Perhaps understandably, most attorneys are reluctant to sue their colleagues. At Schwartz & Ponterio, PLLC, however, we have staked much of our careers on holding fellow lawyers responsible for their actions.

Schwartz & Ponterio, PLLC, represents plaintiffs in legal malpractice litigation; that is, we only help people who have been victimized by the errors and misdeeds of their former lawyers. Our practice extends throughout the New York City metropolitan area.

• Missed deadlines. This includes missed statutes of limitations, missed court-ordered deadlines, failure to file notices of claim, missed opportunity to obtain discovery, etc.
• Unresponsive or incompetent attorneys. This includes failure to perform due diligence, failure to conduct adequate discovery, failure to comply with procedural rules, etc.
• Ethical violations. This includes conflicts of interest, violations of fiduciary obligations, fee disputes, acting without client’s consent, etc.
• Real estate malpractice. This often involves failures to identify liens, failures to uncover environmental contamination and failures to disclose conditions that result in liability or that negatively affect property values.
• Legal malpractice in personal injury cases. This includes failure to sue the correct parties, failure to perform due diligence in interviewing important witnesses, failure to collect or analyze evidence, failure to oppose dismissal, failure to prepare adequately for trial, etc.
• Statute of limitations for legal malpractice claims. In general, legal malpractice claims are governed by a three-year statute of limitations. The time generally begins to run from the moment legal malpractice occurs, however, there are exceptions and possible extensions of time where the attorney conceals the malpractice or continues to represent the client in the same matter in which the malpractice occurred. The computation of the statute of limitations can be complicated by a number of different factors. We can evaluate your case and determine if you have grounds to sue and whether or not the statute of limitations has expired.

These traditional areas of legal malpractice continue to form the foundation of our practice, but we are also well-versed in emerging types of attorney negligence cases.

Common Types Of Legal Malpractice We Handle

Our legal malpractice practice continues to expand as we help clients navigate increasingly complex attorney negligence cases. We handle a wide range of malpractice claims involving various types of professional misconduct and errors, such as:

• Inadequate investigation or discovery: Cases involving attorneys who fail to conduct proper case preparation, gather essential evidence or interview key witnesses, resulting in weakened cases and poor outcomes for clients
• Errors in legal advice: Cases where attorneys provide incorrect legal counsel, apply wrong jurisdiction laws or make procedural errors that damage client cases and create unnecessary complications
• Settlement issues: Cases involving attorneys who settle without client consent, fail to disclose settlement offers or provide inadequate advice about settlement value, costing clients significant compensation
• Fraud or misrepresentation: Cases where attorneys engage in intentional deception, fraudulent billing practices or make material misrepresentations that harm client interests and finances
• Unauthorized practice of law: Cases involving nonlicensed individuals practicing law or attorneys practicing outside their authorized jurisdiction, creating legal problems for unsuspecting clients
• Phishing or hacking of attorney: Cases where attorneys fail to maintain adequate cybersecurity measures, resulting in client information breaches or financial losses from security negligence

These represent just some of the complex malpractice situations we encounter in our practice throughout the New York City metropolitan area.

Can You File A Claim If Your Attorney Made A Mistake?

Not every attorney mistake gives rise to a valid malpractice claim. We must analyze each situation carefully to determine whether your attorney’s actions constitute legal negligence. The key question is whether other reasonable attorneys would have acted differently in the same circumstances.

Poor case outcomes don’t automatically mean malpractice occurred. However, when attorneys make fundamental errors because they failed to know applicable laws or follow proper procedures, this may constitute negligence. We evaluate whether your attorney’s mistake fell below the standard of care that competent attorneys would meet.

How Does Malpractice Insurance Impact These Cases?

Most attorneys carry professional liability insurance to cover malpractice claims. However, some attorneys practice without insurance coverage. The absence of malpractice insurance doesn’t prevent you from pursuing a valid claim against your former attorney.

Insurance coverage affects potential recovery amounts and case strategy. We can help you understand how insurance factors into your specific situation and what recovery options may be available.

Does The Amount Of Damages At Issue In My Case Matter?

Yes, the potential damages in your case significantly impact whether pursuing a malpractice claim makes financial sense. Legal malpractice litigation involves substantial costs, and cases with smaller damage amounts may not justify the expense of bringing a claim.

We conduct a thorough cost-benefit analysis to help you understand whether your case has sufficient damages to warrant litigation. During our consultation, we discuss these economic factors and help you evaluate your specific options for moving forward.

Frequently Asked Questions About Legal Malpractice In New York

Malpractice claims arise when an attorney’s conduct falls below the standard of care and causes a client measurable financial harm. Below, we answer common questions about legal malpractice cases in New York.

How do I prove a legal malpractice claim in New York?

A person bringing a legal malpractice claim must establish three essential elements.

• First, there must have been an attorney‑client relationship that created a duty of care.
• Second, the attorney must have acted negligently or failed to use the level of skill and diligence that a reasonably competent New York lawyer would have exercised under similar circumstances.
• Third, the attorney’s negligence must have been the proximate cause of actual financial damages.

New York courts require clear evidence connecting the attorney’s conduct to the client’s loss, which often requires reviewing the underlying matter in detail. These elements work together to ensure that malpractice claims are based on genuine harm rather than dissatisfaction with a legal outcome.

What is the ‘Case Within a Case’ rule in New York legal malpractice?

The “Case Within a Case” rule requires a client to show that the underlying matter would have had a more favorable result if the attorney had not been negligent. This means you must demonstrate that you would have prevailed or achieved a better outcome if not for the attorney’s error. Courts use this rule to determine whether the conduct truly caused the loss rather than external factors or weaknesses in the original claim.

This requirement is often the most challenging part of a malpractice case because it involves proving both the attorney’s negligence and the merits of the underlying matter. It serves as a safeguard to ensure that malpractice claims are grounded in provable damages.

Can I sue my lawyer if they settled my case without my consent?

Under the New York rules of professional conduct, only the client has the authority to decide whether to accept or reject a settlement. If an attorney agrees to a settlement without the client’s permission, it may constitute a breach of fiduciary duty and could support a malpractice claim.

These situations often involve examining communications, case records and the circumstances surrounding the unauthorized settlement. If you believe your case was resolved without your approval, you may have grounds to pursue legal action to recover the resulting financial harm.

How To Reach Our Legal Malpractice Attorneys

If you have a question regarding legal malpractice, contact Schwartz & Ponterio, PLLC, through our website or call us at 917-338-3879 to schedule a consultation with an attorney.