Legal Malpractice in NYC

Breach of Fiduciary Duty

The term "fiduciary duty" refers to a legal relationship between two parties that involves some level of confidence or trust. This relationship merits some level of reliance and good faith between the parties. For instance, the relationship an attorney has with a client is a form of fiduciary duty. When a lawyer fails to maintain the standard of trust between him/herself and the client - usually through some form of actionable negligence - the attorney may be guilty of legal malpractice. Typically, attorneys who commit legal malpractice do so because they are concerned about their own interests over the interest of their client.

Legal malpractice can occur when the attorney fails to meet a court deadline, act within the statute of limitations, properly communicate with the client, resolve conflict with the client, take advantage of the client's trust, or adequately know the law. Legal malpractice is a serious offense because it breaches the contract between client and attorney and compromises the client's best interest. It is unacceptable under any circumstance. In order for a lawyer to be found guilty of legal malpractice, the plaintiff must prove that, had the lawyer acted differently, they would not have suffered any damages.

Your attorney has an obligation to you. This means that they are required by law to follow through on everything they promised to you. Watch out for those attorneys who promise a victory, which is something that cannot be guaranteed. Attorneys are required to keep all deadlines, as this is vital to navigating the legal process successfully. Missing one deadline could mean you exceed the statute of limitations and no longer have a case. You and your attorney entered into a contract with each other as soon as you sought their help and they agreed to represent you.

These agreements are legally binding, so any breach of that contract on behalf of your attorney is grounds for a claim. This form of negligence does not result in injury, but can result in a loss of care that was promised to you. In order to have a claim, there must be verifiable evidence to prove that your attorney owed you a duty of care and then breached that duty either in whole or in part.

Fight back after a broken contract!

When a lawyer violates his/her client's trust in any way, they may be guilty of legal malpractice. At Sakkas, Cahn & Weiss, we believe that negligent lawyers and legal professionals should be held responsible for their actions. If you have been victimized by an attorney and believe that you deserve money for the damage it has caused you, seeking help from our firm may be your best option. Unlike your last legal experience, you can trust us to handle your case with the utmost professionalism and care. With over sixty years of combined legal experience, we are ready to stand up and fight for you rights in court.