New York City Legal Malpractice Lawyers Attorneys

Attorneys have ethical and legal obligations to their clients. The Attorney-Client relationship usually establishes a "fiduciary duty." This is the highest duty the law imposes. An attorney is required to exercise the "utmost care," and treat the interests of the client as if they were the attorney's own interests. A client should be able to place complete confidence and trust in their lawyer.

In a majority of cases, the client hires a lawyer to handle a specific matter. Once both the attorney and client consent to working with one another on a matter, the attorney has a "fiduciary duty" to protect his or her client's interests.

Statistics indicate that the number of legal malpractice cases is increasing at a rate greater than the growth of the legal industry. Some possible reasons for legal malpractice are as follows:

Negligence
Similar to a medical malpractice case, the attorney’s conduct is judged as to whether it met the "standard of care" expected of other attorneys in the area, or whether that conduct deviated from the norm.

Breach of contract
When an attorney is retained by a client, there are implicit and explicit agreements as to the scope of the work to be performed, the manner in which it is to be done, and obligations of the parties. Generally, there will be a retainer agreement setting forth all of the obligations of the parties. Breach of the contract for legal representation may be proved to have occurred.

Fraud
Fraud involves the intentional misrepresentation of material facts which adversely affects the client.

Theft
Conversion of moneys or property of a client may take a few forms. For instance, a lawyer may overcharge for services not performed, or retain funds from a settlement that do not belong to the attorney.

Many people assume it is impossible to get a lawyer to represent them in a claim against another lawyer; however, that is not the case. In fact, lawyers should accept without hesitation employment against a member of the Bar who has wronged his client. If you have any questions regarding legal malpractice, call the Law Offices of Leo V. Duval, Esq. at (866) 98 DEFENSE or (718) 608-0200.