In Search Of Legal Malpractice
The # 1 question you should ask yourself is: did I get what I paid for in legal representation? Legal Malpractice is the term usually used to describe a situation in which an attorney has failed to properly handle a case resulting in lost money. A legal malpractice attorney needs to be well versed in the areas of real estate manufacturing, family law, workers compensation, wrongful termination, class actions, insurance, toxic tort, crime victims, and municipal government.
Basically , legal malpractice is the work that an attorney does that does not work in your favor. Whether it’s an injury, a car accident, a work related accident, your money is lost because your case wasn’t handled correctly and presented in the court of law. This isn’t an issue to be taken lightly, and requires the utmost respect and diligence. If you think your case may have been handled negligently, and not worked in your favor, seek the advice of an experienced legal malpractice law firm.
When Should You Consult a Legal Malpractice Lawyer?
If you have any concerns regarding the competency of your lawyer, you may need to consult a legal malpractice attorney. There are many signs and indications that can highlight potential issues. You may want to consult an attorney specializing in legal malpractice. As an example, if you are unhappy with the legal services you have been provided and tend to complain about your attorney on a regular basis, when you meet with your legal malpractice attorney, he or she will likely review your claims related to the lack of client satisfaction.
Breaches of contract can also lead you to consult a legal malpractice attorney. If your relationship with your attorney or law firm has ended with a withdrawal that was not mutual or the representation was prematurely terminated, you may wish to consult an attorney to find out your options. In some instances, contracts between a client and an attorney are violated due to issues with communications and the fraudulent conduct of an attorney.
Negligence is yet another reason to contact a legal malpractice attorney. When you retain an attorney to represent you, he or she has a fiduciary duty and obligation to protect your rights. Thus, if a lawyer made a mistake or failed to abide by the rules, you may be eligible for legal malpractice recovery.
Locating a Local Legal Malpractice Attorney
Finding a legal malpractice attorney near you can seem like an overwhelming task, especially when time is of the essence. However, by using various resources, you can make the process a lot simpler and stress-free. First and foremost, it’s important to get a list of legal malpractice attorneys by Googling "legal malpractice attorneys near me." Make sure to add as many details as possible in the search, including your surroundings. For example, include your city, state, and county. If you have friends or family who are lawyers, you can always reach out to them for help as they may know legal malpractice attorneys who may be able to help you with your case. You might also consider reaching out to your local and state bar associations for possible legal malpractice referrals. Finally, make sure you evaluate the credentials of any attorneys you are considering hiring. Check their reviews on their website or on Yelp or Avvo to see what other clients are saying about them. You may also want to check with your state’s bar organization to make sure they have no pending disciplinary actions against them. By taking the time to find the right legal malpractice attorney near you, this can make your case a little less stressful and easy to handle.
How To Vet An Attorney
A legal malpractice lawsuit begins with the hope that you will find a specialized legal malpractice attorney, a lawyer who has expertise and knowledge of legal malpractice law. How do you know if this is true?
Questions to ask your Potential Attorney:
Does this legal malpractice attorney have experience with this particular type of case? If not exact, have they handled a similar types of cases?
Does this legal malpractice attorney have the resources to devote to my case?
Does this legal malpractice attorney has time to devote to my case?
Does this legal malpractice attorney take my case on contingency or require a retainer up front? If so, how much?
Are you a member of the Legal Malpractice group of the New York State Bar Association?
Are you certified as a legal malpractice specialist?
Does the attorney come recommended: Does the lawyer accept referrals from other attorneys? Do former clients refer her/him to you?
Will this legal malpractice attorney, if he or she takes my case, conduct a thorough investigation?
What kind of strategy does this legal malpractice attorney have for your case?
How will I be involved in the case?
How regularly will I be updated throughout the case, and how?
Checking On A Legal Malpractice Attorney’s Experience
The first thing to look for in a legal malpractice attorney’s experience is their bar record. In New York, there are a number of red flags to look at on the attorneys bar record – has he/she ever had a claim against them? disciplinary proceedings?graevins, loss of license? seems to save firms in difficulty? failed to meet clients deadlines? some firm names of note: Dewey & LaBoeuf, Ken/Lane/Braunstein, Kreindler/Relkin, Brown Raysman. Can you tell from the firms he or she worked at? It can be worthwhile to check the names of some of the law firms too. Do they have a bad reputation? Over the past 5 years, there are several firms that come to mind. Dewey & LeBouef, Padua/Coram/Mariani, Proskauer/Epic, Ken/Lane/Braunstein etc.
And most importantly, what are other legal circles saying about your attorney? There is no better way to get an assessment on your attorney’s reputation than asking, and sometimes, the answer will surprise you . When we discuss this with clients, they always marvel at how accurate the characterization are. Often we hear of SuperLawyer status and that the lawyer handles the largest claims in the state. But they never mention that these Superlawyers got disbarred in state court (such as Dewey Partner Pat Dillon) or that their firm (Ken/Braunstein) had trustees appointed and ceased to exist in State Court, or that (Epic/Proskauer) ruined the life of a former clerical worker. On line checks and records show lawyers who lost their licenses and those who left firms incur unpaid loans leading to default judgments. One lawyer runs a pro bono program, but otherwise is disbarred.
Get the lowdown from the bar association and from your lawyer’s colleagues and friends.
Cost Of Legal Malpractice Representation
Cost of Representation for Legal Malpractice Cases
Many people do not have money to spend when they are involved in a legal malpractice case against an attorney. Law firms for legal malpractice will take cases on a contingency fee basis if they are large, where the firm can get a percentage of the recovery, if any, which is sometimes adjusted for age (i.e., the greater the age of the case, the greater the risk, and the smaller the percentage). In contrast, other law firms are comprised of well funded legal malpractice lawyers who charge up front retainer fees, but if the case was taken on a contingency fee basis, there will be no retainer fee and a percentage of the recovery minus expenses will be taken out.
In addition, legal malpractice cases tend to arise from emotional matters, such as divorce, and many times the aggrieved party doesn’t want to incur un-ncessary costs prosecuting or defending the case. As a result, legal malpractice attorneys may be willing to defer fees until the case is resolved or take a payment plan with a reasonable monthly payment.
The Process of Legal Malpractice
When you decide to pursue a legal malpractice claim, you can expect a lengthy process. The first step in filing a legal malpractice lawsuit is to file a complaint with the court. The complaint formally explains an individual’s case to the court. In the complaint, you will need to state the facts of the case and which laws were violated. Once a complaint is filed, the court will issue a summons and the attorney being sued will be served with the summons, along with a copy of the complaint.
In most cases, you and the attorney will attempt to settle the matter before it goes to trial. There are alternative dispute resolution programs in which you may be willing to use during your case . These include mediation, which is when a mediator helps both parties come to an agreement, and arbitration, which is when the parties present their case to an arbitrator who works to reach a decision that is binding. However, If you and the opposing party are unable to come to an agreement, a trial date will be set. There will be a series of meetings known as conferences where you and the opposing party will meet with the judge to discuss how the trial will go, how evidence and witnesses will be gathered, and what the schedule for the trial will be. There are many steps a case must go through before it is a complete! We explain many of the steps on our other site. These may include Prelitigation, or even mediation, conference, hearings and trial. At every stage it is wise to speak with your legal malpractice lawyers so they can advise and discuss strategy.