Your case was dismissed because a deadline slipped. Or a transaction closed without the protections you paid your lawyer to secure. Now you are left wondering whether the attorney you trusted is the reason you lost -- and what, if anything, you can do about it. An experienced lawyer can assess your case and determine whether you have grounds for a legal malpractice claim. Kenneth Thyne, Esq., of Simon Law Group has focused his practice on legal malpractice claims for over a quarter century.
That assessment requires more than judging the lawyer's conduct in isolation. It also requires reconstructing the underlying case or transaction, identifying what should have happened, and connecting the alleged error to a measurable loss. The original file is therefore not background material; it is part of the malpractice case itself.
What Is Legal Malpractice?
Many people are not aware that you can sue a lawyer. But when a lawyer mishandles your case or transaction, or if you think you didn't get the type of legal service you should, you may have grounds for a malpractice lawsuit and should discuss your issues with an experienced New Jersey legal malpractice attorney, like Kenneth Thyne of the Simon Law Group.
Legal malpractice arises when a lawyer is negligent in the handling of a client’s case, and the client’s case is damaged thereby. To prevail in a legal malpractice case, a client must prove:
- There was an attorney-client relationship.
- The attorney’s representation of the client negligently fell below the applicable standard of care.
- The acts or omissions of the attorney that amounted to negligence caused the client’s harm.
- The extent and nature of the harm.
Common Legal Malpractice Examples in New Jersey
- Failure to negotiate adequate security in a transaction
- Failure to draft, negotiate, or record the appropriate documents in a transaction
- Failing to advise you about risks in a business or real estate transaction
- Failing to file a lawsuit within the statute of limitations
- Missing other important deadlines in the case
- Not properly preparing for trial
- Not complying with orders from the court
- Representing another client to your disadvantage
- Misrepresenting important case information
- Not telling you about settlement offers
- Settling your case for less than it was worth without your approval
- Inappropriately using money belonging to you
- Pressuring you to accept an inadequate settlement
- Failing to conduct needed discovery
- Abandoning your case unreasonably
- Failing to file important court documents
- Not disclosing a conflict of interest
- Not seeking authorization from a client prior to agreeing to a settlement
Benefits of Working with a Legal Malpractice Attorney
A legal malpractice attorney can review both the original legal matter and the alleged malpractice, gather evidence, and assess whether your claim is viable. Because these cases require proving both that the attorney was negligent and that the negligence caused you harm, experience with this specific area of law matters.
Most lawyers have insurance which will cover legal malpractice claims. You may have a strong opinion about your attorney’s performance and its role in your loss, but whether a case exists turns on the attorney's duty, breach, causation, and the resulting loss.
There is no fee for the initial legal consultation and if we conclude that your case merits it, we may offer to take your case on a contingency basis.
Before seeking a legal malpractice review, gather the engagement agreement, invoices, complete client file, court orders or closing documents, and the communications surrounding the disputed decision. A chronology that places the lawyer's acts beside the underlying deadlines and consequences helps distinguish a disappointing result from a claim that can be evaluated through duty, breach, causation, and loss.