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Defense of Legal Malpractice

Legal malpractice is not a function of whether or not your attorney failed to win your case; sometimes even the most well-crafted and well-prepared cases simply do not succeed. Attorneys often face unfounded legal malpractice claims simply because they lost a case. Our legal malpractice defense work involves protecting attorneys facing these claims. Unhappy clients may allege negligent action on your part, including claims of ethical violations, contempt of court (resulting in a bias against the attorney), failure to disclose conflicts of interest (basically claiming you simply did not act as aggressively as you could move on their behalf because of a prejudice on your part), ignoring an upcoming statute of limitations deadline and failure to follow proper statutory and courtroom procedures when preparing and presenting a case.

In order to succeed in legal malpractice claim, the plaintiff must prove that their attorney acted negligently and in violation of ethical regulations, standard protocols and procedures. That is where our experienced attorneys come in. Our work handling legal malpractice claims involves demonstrating that an attorney acted competently, ethically and in accordance with the reasonable standards set by other attorneys in the community.

If you are facing allegations of legal malpractice and claims that you have caused a financial loss or damage to a former client’s reputation, contact the legal malpractice attorneys at Lum, Drasco & Positan today. We will evaluate your case and discuss the legal options available to you for defending such unfounded and career-threatening allegations.

Common Allegations of Legal Malpractice

We represent attorneys facing legal malpractice claims concerning:

  • Failure to file a lawsuit or motion in time
  • Overbilling
  • Failure to obtain client’s consent before agreeing to a settlement / plea bargain
  • Failure to discuss a settlement offer with client
  • Failure to file a case before the statute of limitation expires
  • Making mistakes in drafting contracts, wills, trusts, and other legal documents
  • Failure to present relevant evidence at trial

Defending Malpractice Suits

There is a statute of limitations regarding legal malpractice cases. If a claim against you comes after the time set forth in the New Jersey or New York statutes, we will seek a dismissal of the suit against you. Ordering a trial transcript from the court and compiling the information about the client’s case or matter can be very helpful for your defense.

Our primary legal malpractice attorneys, have represented a number of lawyers facing legal malpractice claims. To schedule an appointment and discuss your case, contact our legal malpractice lawyers today.