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Proving Legal Malpractice - New York City Lawyer

Proving legal malpractice is not as easy as showing that your attorney did something wrong. It requires showing that "but for" your attorney's actions, or failure to act, you would have prevailed — and won your case. There are also other things that could stop you from bringing a successful malpractice case. At the Law Offices of Sherwood Allen Salvan, we will take the time to learn about your case and give you an honest assessment of your chances for recovery.

A legal malpractice case is about more than just your attorney's malpractice. The attorney you hire to handle your malpractice case must also have a clear understanding of the issues involved in your underlying case, whether it involves land use, contracts, personal injury or another legal topic. Who better to handle your case than a respected New York City legal malpractice lawyer with more than 40 years of experience, including experience as a civil litigation lawyer, mediator, special referee, arbitrator, and legal monitor? Contact us today to schedule a consultation.

What does it take to win a legal malpractice case?

In order to recover through a legal malpractice claim, you have to prove many things, including:

  • Attorney-client relationship: Did your attorney have a legal obligation to you? A duty! In order to bring a claim for legal malpractice, you must have an attorney-client relationship. In some cases, if a lawyer represented an entity (such as a corporation), he or she may not be liable to its parts (such as shareholders, officers, or directors).
  • Deviation from good and accepted practices: Attorneys' actions will only be considered malpractice if they deviated from good and accepted legal practices and therefore breached a duty to their client. Matters of simple judgment are not actionable.
  • The error caused harm: Just because an attorney failed to accomplish a result for you does not give you the right to sue with the realistic expectation of winning! Attorneys can only be held accountable for their mistakes if they caused actual pecuniary harm. If your attorney's actions caused you to lose your case, then you have a potential legal malpractice claim.

We will help you evaluate your case and determine whether it meets the above requirements. We will also help you understand whether it is financially reasonable to bring a negligent misrepresentation claim.

What can you recover in a legal malpractice lawsuit?

Litigation is stressful. There is no question that you went through emotional trauma during your case and that your attorney may have caused some of that trauma. Unfortunately, no matter how deviant your lawyer was, you will not be able to recover for your emotional trauma unless your claim included emotional pain and suffering. For example, if your claim involved a real estate contract, you will only be able to recover the value of your real estate transaction.

Legal malpractice cases often involve protracted and stressful litigation with extensive expert testimony in multiple areas of law. That is why it is important to have an experienced advocate on your side — someone who is willing and able to take on large malpractice insurance companies and negligent attorneys.

New York City Negligent Misrepresentation Lawyer

877-393-4556 | 917-699-8416 | THESALVANLAWFIRM@aol.com

Contact the Law Offices of Sherwood Allen Salvan for an initial consultation with a New York City attorney highly experienced in legal malpractice and other complex civil litigation. Calls answered 24 hours a day. Convenient and accessible location on 57th and Madison Avenue.

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575 Madison Avenue
10th Floor
New York, NY 10022
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Toll-Free:877-393-4556
Phone: 917-699-8416
Fax: 212-861-6036
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