Andrew Rubin, Esq.

Professional Malpractice Law Archives

The duty of candor to the court and legal malpractice, P.3

We’ve been looking in recent posts at the duty of candor attorneys owe to the court, and the harm that can result from their failure to properly exercise their duties in this area. Last time, we mentioned several potential scenarios which could constitute an abuse of the duty of candor to the court. These scenarios involve harmful disclosures of information to the court or taking unnecessary or unreasonable remedial measures to correct the situation.

The duty of candor to the court and legal malpractice, P.2

In our last post, we began looking at the duty of candor attorneys owe to the court, and how this duty can sometimes run counter to an attorney’s duty of confidentiality to the client and the attorney-client privilege. Confidentiality and privilege ordinarily are so ingrained in an attorney that the prospect of having an ethical obligation to inform the court of matters disclosed to the attorney in private is unnerving.

The duty of candor to the court and legal malpractice, P.1

At the heart of many legal malpractice claims is a lawyer’s violation of ethical duties as articulated in state rules of professional conduct. These duties include things like: handling a client’s case with competence and diligence; keeping clients updated about the status of their case; avoiding conflicts of interest; and handling client funds responsibly.

Case highlights importance of navigating procedural barriers to legal malpractice litigation

Legal malpractice litigation can be an important avenue for holding a negligent attorney accountable for damages caused by poor representation. It is important, though, to work with experienced legal counsel to build a case that has legal merit and isn’t impeded by any procedural technicalities.

The duties of competence, diligence and legal malpractice liability

Attorneys play a critical role in the administration of justice in society, acting as gatekeepers to the legal system and ensuring the rights of their clients are protected and their interests advocated. While each attorney has his or her own unique background, characteristics, approach, strengths and weaknesses, clients should expect that their attorney will meet a minimum standard of care in handling their case.

Establishing the proper standard of care in legal malpractice cases an important task, P.2

We previously began looking at a legal malpractice case in which a woman sued her lawyer for failing to take timely action in handling her divorce case, and whose legal malpractice claim was later dismissed because she failed to establish standard of care in the case, how the attorney breached that standard, and how the attorney’s conduct caused her harm.

Establishing the proper standard of care in legal malpractice cases an important task, P.1

Legal malpractice can be complex, not only because factual scenarios in legal representation can be complicated, but also because it isn’t always clear at the outset to what standard of care the accused attorney should be held.

Filing a complaint against a negligent attorney in NJ

When an attorney fails to fulfill his or her legal duties toward a client, legal malpractice litigation can ban an effective way to obtain compensation or relief from the consequences of the attorney’s substandard representation. Those who believe they may have suffered loss because of poor legal advocacy work should consult an experienced attorney to have their case evaluated and to determine their options for seeking relief.

Teresa Giudice legal malpractice claim allowed to move forward

Back in December, we wrote about a legal malpractice case filed by Teresa Giudice of Real Housewives of New Jersey fame. As we noted then, Giudice filed the malpractice case against her first bankruptcy attorney claiming that the outcome of her bankruptcy fraud case was the result of her attorney’s mishandling of the case.

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