When considering whether to pursue a legal malpractice claim, the first step is to determine whether you have a valid claim against a particular attorney. For example, you cannot file a legal malpractice suit against an attorney who has never represented you. There must be a clear attorney-client relationship for a malpractice claim to exist.
You might wonder, "What about an attorney who represented someone else—like a business, government agency, or another individual—against me?" The answer is that you cannot pursue a legal malpractice claim against them, as they did not represent you. However, if the attorney committed a wrongful act (a tort) against you, you could potentially have a claim, but that would not fall under the category of malpractice. Similarly, legal malpractice does not apply to a judge who presided over your case.
If an attorney acts unethically, you may file a grievance with the Office of Attorney Ethics, which will investigate the matter to determine if further action is warranted. For judges, the process is similar, but the governing body is the Advisory Committee on Judicial Conduct in New Jersey.
If you're unsure whether you've been a victim of legal malpractice, our Legal Malpractice team is here to help. Call us today at 800-709-1131 or fill out the online form to schedule a consultation.
