Is there a difference between an attorney malpractice and deception?
Also if an attorney found guilty off malpractice, does that individual attorney pay for the damage or does the law firm he or she works for pays for the damage?
Thank you for help and information.
Personal Injury Lawyer
The insurance question would depend on the terms of the applicable policy and who the actual defendant was. If you have an attorney they should have this information and you should ask them to explain. I am not able to answer your first question without more facts.
Ethics / Professional Responsibility Lawyer
Deception itself does not make out a claim for legal malpractice. However, under New York law, a lawyer guility of deception or collusion may be liable for treble damages. Generally both the laywer and the law firm can be held liable for malpractice. For more information about legal malpractice, please refer to my Avvo guide on the subject.
Any opinions stated in response to Avvo questions are based upon the facts stated in the question. Responses to Avvo questions are for general information purposes only, and should not be construed or relied upon as legal advice.
3 lawyers agree
Personal Injury Lawyer
Deception is an act in and by itself, like hiding things from someone or affirmatively saying something knowing it is not true. This is an intentional act. Malpractice is a characterization of a number of actions (or inactions) found to be fallling 'below the proper standard of care' owed to a client. It does not have to be intentional. Malpractice may be found if a lawyer is merely negligent, forgetful or incompetent.
In either case, specific harm to client must be proven to relate to any of these actions (or inactions) in order to recover compensation. Otherwise, these actions might merit an administrtaive penalty from the State Bar.
Finally, if the offending professional commited these acts while workijng for a firm, both the firm and the individual attorney may be responsible. In most cases, the firm and the lawyers working for it would be covered by the same professional liability insurance (E&O) that will be ultimately paying for the proven damages or compromise a claim brought by the affected client. A claim must be in writing, of course, and it is best that you review your situation and facts with a compoetent attorney in NY who specializes in legal malpractice. I hope this helps. Best wishes.
This communication is not legal advice: no documents or facts were examined. This does not establish an attorney-client relationship between us. The above is a common sense response to the limited question facts you provided.