Legal Malpractice
Let us help you protect your rights against attorney malpractice.
We have successfully litigated cases of legal malpractice and professional negligence. These cases have included lawyer malpractice arising out of sales of real estate, divorces and family law cases, and estate litigation, among other types of matters.
In two precedential rulings - Saffer v. Willoughby, 143 N.J. 256 (1996) and Packard-Bamberger & Co. v. Collier, 167 N.J. 427 (2001) - the New Jersey Supreme Court recognized a new rule permitting clients who successfully sue for attorney malpractice to recover their legal fees in pursuing the malpractice case itself, along with their other damages. The rationale for this rule is that the fees incurred by a client in pursuing a malpractice claim against an attorney should themselves be considered an item of damages stemming from the malpractice.
This is an important rule because it means that an attorney who defends against a valid claim of legal malpractice must consider the option of settling such a claim at the outset, rather than risk ultimately paying the client’s legal fees in addition to the other damages.
Many lawyers and law firms are not willing to represent individuals who have meritorious malpractice claims. These lawyers do not want to ‘go after’ fellow members of the Bar who may be their colleagues, even in egregious cases of attorney negligence. They choose to turn their backs on individuals who have been victims of attorney misconduct, for fear of offending other lawyers. Our firm is not afraid of taking on these cases, however.
Indeed, it is our belief that the legal profession must ‘police’ itself, and we support holding our colleagues accountable for misconduct that victimizes innocent people.
If You Have Been the Victim of Attorney Malpractice, Take Action!
If you believe you have a strong case for legal malpractice against an attorney, please contact us right away. There are important statute of limitation deadlines that apply to claims of attorney malpractice, and therefore it is important that you act promptly to protect your rights.
State Resources
The State of New Jersey offers a couple administrative remedies for pursuing errant attorneys: a client can file a complaint with the Office of Attorney Ethics , or seek the return of client money through the
Lawyers Fund for Client Protection.
However, while these administrative remedies have good intentions, it is our experience that only an aggressive civil lawsuit for malpractice will give a victimized client complete relief. For example, the Lawyers Fund for Client Protection has jurisdiction in cases where the attorney has been disbarred or suspended, has died, or has already been convicted of embezzling or misappropriating funds.
Thus, the Fund is primarily concerned with recovering money that has actually been stolen from the client. But in most cases of attorney malpractice, the errant attorney has not stolen money but has acted in a professionally negligent manner that impacts the client financially.
Elements of a Malpractice Claim
Attorney malpractice or professional negligence cases are not easy to bring, however. All potential cases must be carefully reviewed and researched to determine if they have merit on both the facts and the law, prior to filing suit. Not all attorney mistakes or instances of negligence result in actionable cases for legal malpractice. It must still be proven that the negligence caused actual injury to the client; for example, in litigation matters, it must be demonstrated that the client would have prevailed in the underlying matter absent the attorney’s mistake – known as the ‘case within the case’ analysis.
Further, in order to even bring an attorney malpractice case, a plaintiff must comply with specialized procedures under the Affidavit of Merit (“AOM”) statute, N.J.S.A. 2A:53A-27, which involves obtaining a sworn statement from a legal expert, attesting to the validity of the claims against the attorney. That affidavit must be filed within 60 days of the filing of the defendant-attorney’s Answer to a Complaint, and it is crucial that this deadline is met.