Legal Malpractice
Creativity, experience and a willingness to maintain the integrity of the legal profession should all be considered when choosing a lawyer to represent you in a legal malpractice case. Daniel Hoberman is recognized as one of the most knowledgeable attorneys in the State of New Jersey in handling claims against attorneys. For over forty years he has been representing clients who wish to investigate and pursue potential claims against their former attorneys.
Although an attorney may make a mistake this does not mean you will be successful in your claim as you must also prove that his or her actions have damaged you. There are three things that need to be proven to successfully pursue a claim:
First, the lawyer has to be negligent. A lawyer commits negligence or malpractice when he or she fails to provide competent or ethical legal services to their client, whether intentionally or through carelessness, that causes harm to their client. Technically, we say the lawyer has to “deviate from accepted standards of care.”
Secondly, you have to be harmed by the attorney’s actions and show that the lawyer caused you damages. These damages have to be financial (a “pecuniary” loss). Except in rare circumstances, you can not sue a lawyer for emotional distress.
And lastly, you have to show a relationship or connection between the damages that you suffered and the negligence of the lawyer. Said another way, the damages that you suffered have to be directly caused by the lawyer’s actions (“proximate cause”).
If you are missing any of the three elements above, then you will not be successful in your claim for legal malpractice. Dan will listen to all the facts, analyze them and then give you his opinion as to whether or not you have a realistic claim.
Claims for legal malpractice may include:
Dan is prepared to investigate and pursue claims of attorney negligence, and to help you recover any damages you sustained as a result of legal malpractice. Some of the areas of law in which he has successfully represented clients in legal malpractice cases include:
If you have any questions about legal malpractice please feel free to contact Dan. There is never a charge for an initial telephone conference.
For more information on handling fee disputes with your attorney contact Mr. Hoberman.
Although an attorney may make a mistake this does not mean you will be successful in your claim as you must also prove that his or her actions have damaged you. There are three things that need to be proven to successfully pursue a claim:
First, the lawyer has to be negligent. A lawyer commits negligence or malpractice when he or she fails to provide competent or ethical legal services to their client, whether intentionally or through carelessness, that causes harm to their client. Technically, we say the lawyer has to “deviate from accepted standards of care.”
Secondly, you have to be harmed by the attorney’s actions and show that the lawyer caused you damages. These damages have to be financial (a “pecuniary” loss). Except in rare circumstances, you can not sue a lawyer for emotional distress.
And lastly, you have to show a relationship or connection between the damages that you suffered and the negligence of the lawyer. Said another way, the damages that you suffered have to be directly caused by the lawyer’s actions (“proximate cause”).
If you are missing any of the three elements above, then you will not be successful in your claim for legal malpractice. Dan will listen to all the facts, analyze them and then give you his opinion as to whether or not you have a realistic claim.
Claims for legal malpractice may include:
- Negligent advice
- Conflicts of interest
- Failure to act timely (missing the statute of limitations)
- Disclosure of confidential information causing the client harm
- Failure to properly research issues
- Failure to properly follow through after a lawsuit has been filed
- Failure to exercise the appropriate care, attention, or detail to an entrusted matter that causes financial losses to the client
Dan is prepared to investigate and pursue claims of attorney negligence, and to help you recover any damages you sustained as a result of legal malpractice. Some of the areas of law in which he has successfully represented clients in legal malpractice cases include:
- Business matters
- Real estate matters
- Failure to properly handle medical malpractice claims
- Missed statutes of limitations
- Conflicts of interest
- Breaches of fiduciary duty
If you have any questions about legal malpractice please feel free to contact Dan. There is never a charge for an initial telephone conference.
For more information on handling fee disputes with your attorney contact Mr. Hoberman.