Legal Question in Legal Malpractice in New York

Re: legal malpractice

The information you've provided isn't sufficient to give you a yes or no answer.

It's certainly not good to be unprepared in any way. However, the definition of malpractice that can result in a recovery is the failure of an attorney to meet the standards of practice PLUS that failure making a difference, that is, losing the case when it would have been won had the attorney practiced competently. If the case would have been lost anyway, then it's still bad - but you won't win a malpractice action.

That having been said, it's almost always worth exploring in detail what happened in your particular case. If you'd like to arrange a consultation, please feel free to get in contact.

Re: legal malpractice

The first question is did your attorney fail to do something which a reasonable trial attorney would have done? (I.e. Was he negligent?)

The second question is did the attorney's negligence proximately cause the trial to be lost?

The third question is did you sustain damages as a proximate cause of the attorneys negligence? (I.e. Even if you had won the trial, what would you have recovered.)

No attorney can give you a better answer without a thorough review of the details of your underlying case.

Re: legal malpractice

I am not sure if you suffered from malpractice. You may just be upset that your attorney who had the guts to take your case to trial lost. Or your attorney may have failed to make a relevant motion or adequately prepared for your case. But in order to determine whether your attorney was negligent, I will need more detail. If you would like please contact my office and let's discuss.