If your attorney does not properly represent you do you have a right to file a malpractice suit against that attorney?

Asked about 1 year ago - Toms River, NJ

The attorney never not showed up for court and did not file a motion to postpone. This forced the client to face the judge with no representation. Consequently, the client lost the case.
(Is there a statute of limitation in place for the client's recourse?)

Attorney answers (3)

  1. Christopher Edward Ezold

    Pro

    Contributor Level 16

    Answered . I am an attorney licensed in the Commonwealth of Pennsylvania, and the States of Delaware and New Jersey. My practice includes employment, business and health care law. Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania, Delaware, New Jersey or Federal law applies.

    That being said, there is a statute of limitations for malpractice; there is also a breach of contract claim. You should seek out a NJ malpractice attorney ASAP, regardless of the statute of limitations, as time will work against you.

    /Christopher E. Ezold/

    The Ezold Law Firm, P.C.
    Employment, Business and Health Law
    One Belmont Avenue, Suite 501
    Bala Cynwyd, PA 19004
    (610) 660-5585
    Cezold@Ezoldlaw.com
    www.ezoldlaw.com

    I am an attorney licensed in the Commonwealth of Pennsylvania, and the States of Delaware and New Jersey. My... more
  2. Paula Brown Sinclair

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Yes, there is a statue of limitations for a malpractice claim against an attorney, so without delay you should access experienced counsel to evaluate your claim. Be aware that you must prove that the attorney's action (or failure to act) was below the standard of care for attorneys in your community, and that the act or omission caused you damages measurable in money.

    Best wishes for a favorable outcome, and please remember to designate a best answer.

    This answer is offered as a public service for general information only and may not be relied upon as legal advice.
  3. Rixon Charles Rafter III

    Contributor Level 20

    1

    Lawyer agrees

    Answered . That is an outrageous series of events you should not hesitate to report to your state bar AND you should discuss a way-ahead regarding a malpractice suit with a NJ attorney IMMEDIATELY.

    Best of luck to you..

    NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice in the Commonwealth of... more

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