When a Lawyer Fails to Do Their Job: Understanding Legal Negligence

As an experienced legal professional, I have seen many cases of legal negligence occur. It is a form of professional malpractice that happens when an attorney fails to meet the expected level of care for someone with their training and capacity. However, proving a case of malpractice is not as simple as showing that your lawyer did not do their job and you lost your case. There are specific criteria that must be met in order to prove legal negligence and hold your lawyer accountable. If you believe that your lawyer is not doing their job, it is important to seek the advice of another attorney.

They can help you determine if taking legal action is in your best interest. As attorneys, we are authorized to practice by the Appellate Division of the New York State Supreme Court and are subject to their oversight throughout our careers. If you are in Connecticut, do not hesitate to contact an experienced legal malpractice attorney for assistance. In order to prove legal negligence, you must show that your lawyer breached their duty of care to you and that this breach caused you harm. This can be a complex process, which is why it is important to seek the guidance of another attorney.

Each of the three lawyer complaint committees of the Second Judicial Department is made up of 21 members, at least three of whom are not lawyers. These committees are appointed by the court and can help investigate and address complaints against attorneys. There are various reasons why a lawyer may not be doing their job properly. For example, they may have missed filing deadlines or failed to communicate with you, resulting in your case being denied. In these situations, you may have a valid claim for legal malpractice.

It is important to note that lawyers cannot solicit clients for litigation related to political causes; their focus should always be on seeking justice, not financial gain. If you believe that your lawyer has committed legal malpractice, it is crucial to seek a second opinion from another attorney. This is especially important if your lawyer is admitted to the New York bar but does not have an office in the state. In this case, you can submit a complaint to any attorney complaint committee and it will be transferred to the appropriate committee in the judicial department of the Appellate Division where the lawyer is admitted to practice law. It is unacceptable for a lawyer to go days or weeks without returning your calls or providing an explanation for their absence. While there may be valid reasons for a brief delay, it is their professional obligation to keep you informed and updated on your case.

If you have any questions or concerns, do not hesitate to contact your lawyer and address them. The Supreme Court has upheld rules that prohibit lawyers from making unsolicited contacts with potential clients in person or by phone. If you have requested that a lawyer not contact you, they have a professional obligation to comply with that request. Failure to do so may be considered professional misconduct. If you have lost money or property due to the dishonest conduct of an attorney while practicing law, you may file a complaint with the appropriate complaints committee. Additionally, you can also file a complaint with the New York State Client Protection Lawyers Fund.

This is a more complicated process and requires proof that your lawyer was negligent in handling your case.

Ernest Carsten
Ernest Carsten

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