Legal malpractice happens when an attorney fails to fulfill their ethical, professional, and legal responsibilities to their clients who trust them to provide the standard of care. Depending on the case outcome, this can sometimes cost clients significant money and even their freedom. While not every case with a disappointing outcome is considered legal malpractice, it is essential to understand what constitutes legal malpractice if your lawyer mishandled your case or was negligent.
What Are the Elements of Legal Malpractice?
There is a big difference between providing unsatisfactory service to a client and legal malpractice. To be considered legal malpractice, the following elements must be present:
- Existence of an attorney-client relationship: You must be able to demonstrate that there was a contractual relationship between you and your lawyer. This establishes the duty of care that your lawyer owes you.
- Breach of duty of care: You must also be able to prove that your lawyer was negligent and failed to meet the accepted standards of legal practice.
- Proximate cause: In addition to demonstrating negligence, you must also show that your attorney’s negligence caused a negative outcome or financial loss.
- Demonstrable harm or loss: There must be quantifiable financial loss or harm.
What Are Examples of Legal Malpractice?
While not every mistake or disappointing outcome means that you should pursue a legal malpractice case, the following are examples of mistakes that may be considered negligent, in which case you may have a legal malpractice claim:
- Missed deadlines
- Misuse of finances.
- Failure to apply the law correctly
- Lack of consent
- Fraud
- Conflict of interest
Our Hunterdon County Legal Malpractice Lawyers at Tune Law Group, LLC Represent Victims of Legal Malpractice
If you believe that you have been the victim of legal malpractice, it is recommended that you contact our Hunterdon County legal malpractice lawyers at Tune Law Group, LLC at your earliest convenience. We will determine whether the attorney who previously represented you was negligent. To schedule an initial consultation, call 908-434-1061 or contact us online. Our office is located in Whitehouse Station, New Jersey, where we serve clients in and around Hunterdon County, Monmouth County, Whitehouse, and Tewksbury.