In general, legal malpractice is the failure of your Attorney to live up to the generally accepted standards of legal practice which, as a result, causes you harm. The claim is usually made against your own attorney, who represented you in a prior action, and it was his or her failure to live up to the generally accepted standards of practice which has directly caused you harm.
The harm is often the loss of your entire case, but it also could be that your damages were severely constrained by your attorney's actions. The claim is usually made once the action or purpose for which they were hired has concluded.
Maran & Maran, PC was plaintiff's counsel in Olds v. Donnelly, 146 N.J. 565 (1996) which is the New Jersey Supreme Court's decision that preserves your right to conclude your underlying action prior to beginning a lawsuit against your former attorneys.
To prove Legal Malpractice in New Jersey you must show the negligence of your former lawyer, and some examples of deviations from the accepted standards of legal practice include:
- Missing a filing deadline/the statute of limitations/court date
- Failure to obtain crucial documents or retain experts
- Allowing your case to be dismissed
- Failure to communicate with you about your case
- Mistakes in the sale and closings on real estate
- Conflicts of interest
- Withdrew from your case without following proper court legalities
- Breached your attorney/client contract/written retainer agreement
- Acted unethically or in violation of the law in any way which caused you losses
These are just some of the ways that legal malpractice can occur in New Jersey. Our legal malpractice attorney team can investigate your situation to build a strong case for you. After a thorough evaluation of your case, even if we do not feel you have an adequate legal malpractice case, we still have options for you. For instance, the New Jersey State Bar Association can resolve complaints against lawyers too. This can lead to disciplinary action, suspension, disbarment, or other action.
At Maran & Maran, PC, we have brought actions against attorneys who have failed to properly prosecute all types of personal injury actions, real estate transactions, medical malpractice cases, product liability actions, and third-party actions (these are cases for a workman who was injured pursuant to the negligence of someone other than their employer or a co-employee.) Candidly, actions against matrimonial attorneys and criminal attorneys are very difficult to prosecute.
At Maran & Maran, PC, we have been suing negligent attorneys for over 30 years. These actions are complicated and require that we hire on your behalf an experienced attorney who is an expert in your underlying case and who will act as an expert witness on your behalf to prepare a report, an affidavit of merit, and be willing to go to Court.
To learn more about your rights and to discover if your former lawyer has violated your attorney-client relationship in any way, you should call our professional legal team today. Contact us to discuss your potential case by calling 973-622-5303 to schedule a no-cost legal consultation. We serve all of Newark, Essex, Union, Bergen, Middlesex counties and all of Northern New Jersey.