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...
Professional Malpractice Law
The duties of competence, diligence and legal malpractice liability, P.2
Last time, we briefly looked at the duty of competence which attorneys owe to their clients, which obligates attorneys to avoid neglecting or grossly mishandling a client’s case. As we noted last time, there are a variety of ways the duty of competence can be...
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,...
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,...
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.In any legal malpractice case, plaintiffs...
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...
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...
Line spacing trick in motion brief earns firm $1,048 sanction
It was a trick worthy of a long-winded high school student, and it did not pay off. A federal judge has just fined a national law firm over $1,000 for violating the U.S. District Court in Manhattan's line-spacing rules for memoranda and briefs. The court requires...
The duty of loyalty and conflicts of interest, P.2
In our last post, we began looking at the duty of loyalty and the rules concerning conflicts of interest. As we noted, conflicts of interests can arise with respect to current clients and former clients. With respect to former clients, attorneys are prohibited from...
The duty of loyalty and conflicts of interest
One of the duties attorneys owe to their clients is loyalty, which entails zealously representing their interests over and against the interests of others. When an attorney takes actions which run adverse to the interests of a client, it can prove detrimental to one...