When you hire a lawyer, you trust that they have the experience, skill, and legal knowledge needed to represent you effectively. But what happens when your attorney doesn’t seem to understand the law—or worse, makes costly mistakes? You may be wondering: Does my lawyer even know what they are doing?
At Simon Law Group, LLC, our legal malpractice attorneys are here to help you understand your rights when you’ve been harmed by attorney negligence or incompetence.
The Truth About Legal Licensing
Unlike doctors, who are board certified to practice in specific fields like cardiology or pediatrics, attorneys receive a broad license to practice law in any area after passing the bar exam. This means your divorce attorney could legally take on a personal injury case, or a business lawyer could handle your criminal defense.
However, just because a lawyer can take your case doesn’t mean they should.
What Is Competent Representation?
Under Rule of Professional Conduct (RPC) 1.1, attorneys are required to 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
If you’ve experienced any of these warning signs, it may be time to speak with a legal malpractice attorney.
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
Our team at Simon Law Group, LLC can assess your situation and help you understand your options. We take legal malpractice seriously and are committed to holding negligent attorneys accountable.
Contact a New Jersey Legal Malpractice Attorney
If you believe your lawyer failed to provide competent representation, don’t wait. Contact Simon Law Group, LLC today to speak with an experienced legal malpractice attorney in New Jersey. We’ll evaluate your claim and guide you on the next steps toward justice.
📞 Call us today 800-709-1131 or fill out our online form or TEXT us to schedule a confidential consultation.
