Sometimes, legal representation doesn’t go as planned. Unfortunately, lawyers can fall short of expectations or even professional standards of conduct. If you believe your attorney mishandled your case, you have several options available.
The first step if you believe a lawyer failed you is to find a law firm that will represent you with dedication and respect. It’s crucial to find an attorney who understands your concerns and will ensure your case receives the attention it deserves. A committed attorney can help you move forward if you have concerns or need to replace your current attorney.
Can I Sue My Attorney for Legal Malpractice?
Legal malpractice claims can be challenging, as specific evidence must be proven to show malpractice. You would need to demonstrate that your lawyer failed to practice with the “ordinary skill and care” expected of another attorney in that location and situation.
To prove legal malpractice, a client must show:
- Duty: That the lawyer owed you a duty to behave as a licensed professional would, meaning dedicating time and attention, following deadlines, and communicating properly.
- Breach of Duty: That the lawyer failed to meet their duty in handling your matter. A lawyer is expected to do what they promised a client and fulfill what is reasonably expected in similar cases.
- Causation: That the lawyer’s actions or inactions directly led to your damages. For instance, if the lawyer missed the statute of limitations for a personal injury claim, depriving you of a financial award, this could be seen as causation.
- Damages: This is the loss you experienced due to the attorney’s actions. For example, if you were reasonably entitled to $100,000 in a personal injury claim, that amount would represent your damages.
Common causes for legal malpractice claims include poor communication, dishonesty, incompetence, missed deadlines, and billing disputes.
What Is the Statute of Limitations for Legal Malpractice in New Jersey?
In New Jersey, the statute of limitations to file a legal malpractice claim is typically six years from the date the client knew or should have known that malpractice occurred. This timeframe may be influenced by the “discovery rule,” meaning that the statute may not start until a client realizes their lawyer committed malpractice.
Time is critical when filing a malpractice claim. Failing to file a claim within the statute of limitations can lead to the claim’s dismissal.
What Are Your Rights as a Legal Client?
Most states have professional conduct rules governing lawyers. These rules outline specific duties lawyers owe their clients and actions they must take for effective representation. Knowing your rights can help you understand what to expect from your lawyer. Some basic rights include:
- Effective Communication: Communication via phone, email, or other agreed-upon means should be timely and respectful.
- Competent Representation: Your lawyer should have the skills and knowledge relevant to your type of case.
- Updates on Case Status: Your lawyer should inform you of any case developments.
- Realistic Expectations: Your lawyer should set realistic expectations based on case facts and legal expertise.
- Involvement in Key Decisions: You should have input in critical case decisions.
- Informed Decisions: Your lawyer should provide you with all necessary facts to make informed choices.
- Cost-Benefit Analysis: You should understand case costs, including fees and potential trial costs, and be advised on whether settling may be wiser than going to trial.
Contact Our Experienced Freehold Personal Injury Lawyers Today
If you feel your case has been mishandled by your attorney, it may not be too late to change course. If you believe legal malpractice occurred, Noonan & McMahon, LLC can review your case and pursue it if warranted. The Freehold personal injury lawyers at Noonan & McMahon, LLC have helped many others in your situation get what they deserve and will discuss your potential case with you. Contact our office today to schedule your free consultation at (732) 303 7857.