Legal Malpractice is a deviation or departure from good and accepted legal practice in the community. The vast majority of malpractice cases against attorneys seem to stem from omitting to file a required notice or document within a prescribed period of time. IN the area of litigation the plaintiff in a malpractice case must prove that the attorney departed from good legal practice and additionally, the plaintiff would have been successful in the underlying case if the departure had not occurred.
The law is replete with requirements that certain notices and documents be filed within a prescribed period of time. Failure to timely file often serves as a dismissal or bar to recovery thereby causing the client substantial damages. Lawyers who venture into areas that they are not familiar will missing filing deadlines and making errors prejudicing the right of their client.
Weiser & Associates, L.L.P., has represented a number of clients in legal malpractice cases where the client has sustained substantial damage and been adversely affected by negligence of the attorney. In a case against a bankruptcy law firm we were able to prove that the failure to file an election to continue two valuable leases with the bankrupt’s landlord caused a forfeiture of the leases and substantial financial loss to the bankrupt. Our client recovered a settlement of $950,000.00 on the eve of trial in this malpractice case.
In a pending malpractice case, we are representing an executive of an international investment firm who was denied disability benefits by a New York State insurer. His attorney neglected to file an appeal of the insurance company for a wrongful denial of benefits. The plaintiff was deprived of more than $1.5 million in future disability benefits due to his attorney’s failure to file.
If you feel you have been a victim of legal malpractice, please contact our experienced attorneys today.