973.261.6254

Call For Free Consultation

Toll Free 973.261.6254

Legal Malpractice

Practice Areas
Menu

Legal Malpractice

Legal Malpractice

At Smith & Doran, we understand hiring a lawyer is a big step for most people. We know because many of our clients come to us after struggling with a troubling situation on their own for much too long, whether it’s seeking compensation after a car accident, settling an estate, or facing criminal charges. They often feel vulnerable and frustrated.

In situations like these, trusting an attorney who fails to deliver the help, experience, or skill he or she promised is devastating. Our firm represents victims of legal malpractice with the goal of helping individuals and maintaining the integrity of our profession.

Types of Legal Malpractice

Legal malpractice refers to negligence, breach of fiduciary duty, or breach of contract by an attorney that causes harm to his or her client. According to the American Bar Association, the most common legal malpractice claims involve the following issues and allegations:

  • Failure to know or apply the law
  • Planning or strategy errors
  • Inadequate discovery of facts or inadequate investigation
  • Failure to file documents prior to a deadline
  • Failure to know a deadline
  • Procrastination in performance of services or lack of follow-up
  • Failure to obtain client consent or to inform client
  • Conflict of interest
  • Fraud
  • Commingling trust account funds with personal funds
  • Failure to follow client instructions
  • Malicious prosecution or abuse of process
  • Record search errors
  • Clerical errors
  • Improper withdrawal from representation
  • Libel or slander
  • Civil rights violations
  • Failure to understand or anticipate tax consequences
  • Mathematical calculation errors
  • Loss of file, documentation, or evidence
  • Poor communication
  • Work delegated to an employee
  • Work delegated to an outsider

In order to prove legal malpractice, you must show that you would have won your underlying case if your lawyer had not been incompetent or made a mistake. For example, if you were hurt in a car accident and your lawyer failed to file your personal injury claim before the statute of limitations expired, you must show that you would have won your case had he or she filed your claim in time. You must also show that you would have collected on a judgment on your underlying case after winning the case.

For More about Legal Malpractice, Contact Smith & Doran

Legal malpractice is difficult to prove, but we’re up for the challenge. If you believe you have been the victim of legal malpractice in New Jersey, please contact Smith & Doran to schedule a consultation.

Practice Areas

personal injury lawyer morric county nj
Personal
Injury
Learn More
DUI/Criminal Defense Lawyer Morristown
DUI/DWI
Criminal
Learn More
morris county fmaily court
Family
Law
Learn More
estate planning lawyers
Wills, Estates
& Trusts
Learn More

Verdicts and Settlements

$4,500,000

Recovery for a six year old girl who suffered serious neurologic injury, as well as the loss of her parents and siblings, when the family's car was crushed by a garbage truck which had jumped a median strip partly as a result of a faulty braking system.

$3,000,000

Settlement obtained for a sixty-seven year old man who fell down a flight of stairs as a result of an inadequate handrail, suffering quadriplegia.

$850,000

Award obtained for a Sussex County man who suffered cervical injuries requiring two surgeries as a result of two separate car accidents.

CONTACT THE LAW OFFICES OF SMITH & DORAN

The experienced lawyers you can trust. With over 130+ years combined experience, our firm focuses on success and gets results. Let us help you navigate your legal challenges. Call 973-261-6254 or send us an email. We're here for you and we're here when you need us.

Map and Directions

The Law Offices of Smith & Doran, P.C.

60 Washington Street, Suite 302

Morristown, New Jersey 07960

Phone: 973-261-6254

Fax: 973-292-9168

THIS WEBSITE IS DESIGNED FOR GENERAL INFORMATION ONLY. THE INFORMATION PRESENTED AT THIS SITE SHOULD NOT BE CONSTRUED TO BE FORMAL LEGAL ADVICE NOR THE FORMATION OF A LAWYER/CLIENT RELATIONSHIP.