What to Do in Pursuing a NJ Legal Malpractice Case?

Experienced Legal Malpractice Lawyers Help Clients Understand What to Do in a New Jersey Legal Malpractice Case

Most clients who are unsatisfied with their lawyer’s performance are also uncertain about whether they can do anything about it.  You may suspect that your lawyer’s subpar legal representation is what hurt your case—but not have specific evidence to pinpoint the errors that caused your bad outcome.  At the start of nearly every legal malpractice case, the client will ask “what do I do?”

At Team Law, our experienced legal malpractice lawyers can help you with the next steps—determining what to do when your lawyer’s actions have caused you harm.  You may have the right to financial compensation. You may be able to take steps to have your lawyer disciplined by the New Jersey disciplinary committee for a legal ethics violation.

Whatever the next step in your case, it is important to understand that legal malpractice cases can be complex and time consuming.  You need the best possible lawyer by your side to find out what happened in your case. With over 60 years’ collective experience, we have the resources and legal knowledge necessary to get the best outcome in your case.

Speaking with an experienced lawyer is an important first step in learning about your legal rights.  To schedule a free case review with our legal malpractice lawyers, call our office or fill out this online contact form.  We have offices across New Jersey for your convenience.

What to Do to Succeed in a New Jersey Legal Malpractice Case

Legal malpractice cases in New Jersey are governed by strict rules, including procedural requirements, time limits and evidentiary standards.  In general, your first step should be retaining an experienced legal malpractice lawyer who can guide you through the process. To succeed, the following will be required to establish your claim:

• Filing a complaint.  The first step, procedurally, will be to file a complaint.  We may file a complaint bringing a civil claim for financial compensation with the New Jersey courts.  We may also file a complaint with the New Jersey ethics committee, which could result in disciplinary action against the negligent lawyer.

• Affidavit of merit.  We must file an affidavit of merit to pursue compensation in the civil courts within 60 days of when the defendant files an answer to our original complaint.  That affidavit must include testimony from a licensed New Jersey lawyer stating their opinion that your lawyer somehow committed malpractice.

• Expert testimony.  Expert witnesses—in the form of qualified lawyers—can be critical to proving your legal malpractice claim (at least one is required).  The experts will testify about what a reasonable, trained lawyer would have done under the circumstances. This is crucial, because it will form a baseline for comparing what your lawyer actually did.

Clients without specific experience practicing law may find the range of deadlines and procedural requirements intimidating.  At Team Law, our experienced legal malpractice lawyers are here to handle all of the complexities of your case. Our number one priority is protecting your legal rights and fighting to get the most compensation available in your case.

Proving Legal Malpractice Under New Jersey’s Negligence Standard

The legal theory called “negligence” is at the heart of nearly every legal malpractice case.  Establishing negligence requires proving:

• A duty of care existed (the lawyer-client relationship establishes your lawyer’s duty to act as a fiduciary, meaning that both a duty of care and a duty of loyalty exist),
• The lawyer breached that duty by providing representation that was somehow subpar,
• Causation, meaning that the breach proximately caused some type of harm that can be measured in monetary damages.

Although this is the basic legal theory upon which your legal malpractice case will rest, the law is much more specific. For example, your lawyer represents that they have the degree of knowledge and skill ordinarily possessed by lawyers practicing law.  However, your lawyer’s duty of care may vary, depending upon whether the lawyer has represented that he or she is a specialist in a certain area of law. 

At Team Law, our lawyers can help you determine what to do based on the specific facts of your case.  For more detailed answers to your questions, call our office for a free consultation today.

Call Team Law Today for a Free Case Review to Discuss What to Do in Your New Jersey Legal Malpractice Case

Legal malpractice cases in New Jersey are complex and full of potential pitfalls.  Judges require a high standard of proof in these cases because they understand how nuanced the practice of law can be.  Our lawyers at Team Law are committed to holding negligent lawyers accountable for their actions—to the fullest extent of the law. 

To learn more about your potential right to compensation based on a lawyer’s errors, schedule a free case review with our team today.  You can call our office or fill out this online contact form.

Frequently Asked Questions About Understanding What to do if You Suspect Legal Malpractice in New Jersey