The deadline passed without a filing. The advice changes from one call to the next. Your lawyer cannot explain what is happening in the case, and the mistake may already have cost you money or a claim. Those warning signs can reflect poor communication, but they can also point to a breach of the professional standard of care.
Does my lawyer even know what they are doing?
At Simon Law Group, LLC, our attorneys are here to help you understand your rights when you've been harmed by attorney negligence or incompetence.
The Truth About Legal Licensing
A New Jersey license lets an attorney accept a matter in almost any practice area. But just because a lawyer can take your case does not mean they should.
What Is Competent Representation?
Under Rule of Professional Conduct (RPC) 1.1, an attorney must provide competent representation, which means having the "legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation." In short, if a lawyer doesn't have the skill to handle your matter properly, they have an ethical obligation to:
- Conduct adequate legal research,
- Consult with knowledgeable colleagues or professionals, and
- Get up to speed before offering advice or taking legal action.
Failing to do so may not only hurt your case--it could be grounds for a legal malpractice lawsuit.
Can a Lawyer Practice in an Unfamiliar Area of Law?
Yes, but with conditions.
While it's not unethical for an attorney to take a case in a legal field they haven't previously handled, they must take steps to educate themselves thoroughly before proceeding. Law is constantly evolving, and lawyers have a duty to stay current with legal developments, statutes, and case law relevant to the matter at hand.
If they fail to meet this standard and you suffer harm--such as losing a case, missing a deadline, or receiving poor legal advice--you may have a valid claim for legal malpractice.
Signs of Incompetent Legal Representation
You may be dealing with an incompetent lawyer or attorney negligence if:
- Your lawyer misses important deadlines or court dates
- They provide incorrect legal advice or misinterpret the law
- They don't communicate with you or respond to your concerns
- You discover they failed to file critical paperwork
- They seem unprepared or unfamiliar with your legal matter
Suing Your Lawyer for Legal Malpractice
When an attorney fails to provide competent legal representation and causes harm, you may be entitled to damages. To succeed in a legal malpractice claim, you typically must prove:
- An attorney-client relationship existed
- The attorney breached their duty of care
- That breach caused actual harm or damages to you
The legal malpractice case assessment guide separates poor service from negligence that caused a provable loss.