An attorney has a fiduciary responsibility to protect a client’s interest. By the term “fiduciary”, the law means a relationship founded upon trust and confidence reposed by one person in the integrity and fidelity of another.
Unfortunately, from time to time attorneys may disregard their fiduciary obligations and through neglect (for example, failing to file proper papers, prepare appropriate documents, or accomplish fitting trial or appellate preparation) cause their clients incalculable financial harm and other devastating consequences.
Even more significantly, attorneys may intentionally discount their client’s interests in favor of their own interests or the interests of some other third parties, acting in a manner so egregious and outrageous even to the extent of stealing funds or property.
Such conduct, being “legal malpractice” in the eyes of the law, can have redress. But, it is essential that competent, conscientious and diligent counsel painstakingly examine and assess all the facts and circumstances related to the subject attorney-client relationship under review. In many instances, expert witness attorneys, forensic accountants and other experts from diverse fields may necessarily need to be consulted in order to ensure a client’s recovery against former counsel.
In New York State legal malpractice is defined as the “failure to exercise that degree of skill and care commonly possessed by a member of the legal profession.” And, a claim for legal malpractice must be filed with the court within three years from the date of the attorney’s misconduct and/or neglect or, at the latest, three years from the date the attorney last represented the client in the matter which was the subject of the representation. These rules as applied can result in complex issues and always require careful analysis.
The Greenberg Law Firm, LLP can assist you if you have been the victim of your attorney’s legal malpractice. The law firm will endeavor to know your case to its fullest extent and assess the potential for you to recover equitable compensation for the loss you have suffered because of an attorney’s incompetence, neglect or intentional misconduct.