Legal Malpractice: the breach of duty of care by a lawyer that damages a client.
If you feel that you have been victimized by legal malpractice it is no time to abandon the legal profession and give up. You should see an attorney, as counter-intuitive as that may seem.
The legal profession is unique in its determination and effectiveness in cleaning up the profession, something attorneys should be very proud of that. The various Bar Associations throughout the State of New York have grievance and the Committee on Professional Standards operates through the four Appellate Divisions of New York State to protect the public from unethical attorneys. These committees not only seek to protect the public, but also to deter attorney misconduct and preserve the reputation of the attorneys throughout the state who work hard and ethically for their clients.
If you are the victim of legal malpractice and have suffered financial loss, one of the things you may want to consider is to contact the Lawyer's Fund for Client Protection. You can e-mail them at info@nylawfund.org or call them at 1-800-442-3863. These matters are held in a very personal and confidential manner.
Victims of legal malpractice should also consult with an attorney. The attorney will review with you what went wrong in your legal representation. For example, if your attorney failed to file an action before the expiration of the statute of limitations, you may have an action in legal malpractice against that attorney. Basically, you have to prove that your previous attorney failed to file your action in a timely fashion; that your case was a meritorious case, and that you suffered damages.
But what if your previous attorney, rather than simply making a careless mistake, misled you? In that instance, a client may claim a violation of New York State Judiciary Law 487. If the attorney was "guilty of any deceit or collusion, or consents to any deceit or collusion, with intent to deceive the court or any party" that attorney is not only guilty of a misdemeanor, he will also be obligated to pay "treble damages", that is three times the damages that you can prove you sustained by reason of the misconduct of the attorney.
As always, the best way to find out whether you have a case is to call us and set up an appointment. Your first consultation will be free of charge. Call us at 1-800-924-3529. Many of you know that we have offices or can meet you in Canton, New York; Potsdam, New York; Malone, New York; Plattsburgh, New York and the entire Northern New York State area.
From Left: Tom Grue, Steve Vanier, Luke Babbie and Joe Nichols
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