Andrew Rubin, Esq.

Newark Litigation and Appeals Law Blog

The steps to take when dealing with a negligent lawyer, part 1

Hiring an attorney requires a huge amount of trust. You are putting an important part of our life in someone else’s hands. Clients rarely have extensive legal knowledge, so they have to trust that their attorney is a reliable person who knows what he is doing. In the attorney-client relationship, it is the responsibility of the attorney to act as a diligent advocate.

However, there are some attorneys who abuse this relationship and take advantage of their clients. This could include overcharging them for legal services, mishandling their case or even neglecting their case entirely. This is considered legal malpractice, and it happens all too frequently. If you believe that your attorney has is committing malpractice, these are the steps that you should take.

Warning signs of a bad lawyer, part 2

When it comes to hiring a lawyer, knowing what you don’t want is just as important as knowing what you do want. You need to be able to rule out lawyers who won't be a good fit. After all, the success of your case may hinge on the skill of your attorney.

Anyone who is considering hiring an attorney should know that not all of them are competent. In our last post, we looked at some of the warning signs of bad lawyers. In this conclusion, we will follow up with some more of the most important red flags to avoid when hiring an attorney.

Warning signs of a bad lawyer, part 1

If you are in the market for a lawyer, you probably have a lot on your mind. After all, no one decides to hire a lawyer for fun. The legal issue that you are dealing with may have you feeling overwhelmed. You are on the right track by seeking out knowledgeable legal counsel.

The process of finding the right lawyer can be difficult. There are tons of lawyers out there—and not all of them are good. Knowing the warning signs of bad lawyers will make it much easier to find a great one. This series on our blog will examine some of the most important warning signs to avoid in a lawyer.

Common ways some lawyers overcharge their clients, part 2

In our last post, we examined a few of the common ways that lawyers overcharge their clients. Sadly, there are so many ways that attorneys have tried to financially exploit their clients that we had to create a second blog post to cover them all. This post will conclude our examination of the most common methods that lawyers may use to overcharge the people who trust them.

 

Common ways some lawyers overcharge their clients, part 1

Legal malpractice is rare, but it does happen. Just as there are irresponsible professionals in every field, there can be negligent and unethical lawyers who attempt to take advantage of their clients.

One of the most common forms of legal malpractice involves attorneys overcharging their clients. In this two-part series on our blog, we will go over some of the major ways that some lawyers may try to overcharge the people they have been hired to represent.

How can I tell a good lawyer from a bad one?

In every profession, there are bad apples in the bunch. However, certain occupations require minimal errors, including your legal representation. While lawyers spend years in education and certification programs, some attorneys don’t take their responsibility seriously.

When you have a potential case, you need the help of a professional who will take your side. Why risk the outcome of a trial for a bad lawyer? Most people who end up with a nightmare attorney had no idea what they were getting into. However, there are a few signs that you can check to get an idea of what it would be like to work with a particular lawyer.

Understanding Possible Changes to New Jersey Malpractice Law

It’s not your responsibility to know everything. That’s what professionals like dentists, CPAs and — of course — lawyers are for.

However, because of the need for these professionals it is important that the people working in these industries take care to do their jobs properly and ethically. If they do not meet that standard, they are then open to a malpractice lawsuit. New Jersey legislature is considering bill A-1982, which would make two important updates to the legal codes surrounding malpractice.

What should I do when my attorney doesn’t seem to know his job?

Question: My attorney has been representing me for about 6 months, and frankly, he doesn’t seem to know what he is doing. I am in the middle of trying to get divorced. My husband’s attorney is sending us inquiries about my income, bonuses, assets etc.

I’ve answered the questions as well as something called “admissions.” Not only has my attorney not sent them to the other side, he hasn’t bothered to ask for the same documents from my ex-husband. What should I do?

What happens when your attorney is missing in action?

Question: I hired my attorney over a year ago for my divorce. He filed the papers to begin the case, but has done nothing since that I am aware of. He hasn’t even served my ex with the papers. My ex could care less—he doesn’t have an attorney, is not paying child support and we rarely hear from him. I call my attorney’s office regularly and leave messages but I never hear back.


Answer: Your attorney owes you professional treatment and respect at a minimum. Under New Jersey Rules of Professional Conduct, he owes you communication in the following manner: A lawyer shall keep a client reasonably informed about the status of a matter and promptly comply with reasonable requests for information.

What do I need to prove negligence?

If you are considering a legal malpractice suit, the first thing to think about will probably be, "Which type of malpractice applies here?" There are several types of legal malpractice: breach of contract, breach of fiduciary duty and negligence. The first two may be simpler to prove - it's easy to see where a contract has not been fulfilled, or see a history of money spent to examine whether fiduciary duty has been upheld. Negligence, on the other hand, has a standard set of four points that you, as the plaintiff or injured party, must prove in order to be successful in your suit. 

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