my lawyer damaged my case what can i do in nyc?

You can file a lawsuit seeking compensation for the damages caused by the legal malpractice. However, you have the burden of proving your attorney committed errors or wrongdoing that led to damages. For that reason, it is best to speak with a lawyer about your case as soon as possible.

Full Answer

What to do if your lawyer does not do what you want?

If your lawyer appears to have acted improperly, or did not do something that you think he or she should have done, talk with your lawyer about it. You may be satisfied once you understand the circumstances better. I have tried to discuss my complaints with my lawyer. However, my lawyer will not discuss them.

What to do if you have a complaint about a lawyer?

If you believe you have a valid complaint about how your lawyer has handled your case, inform the organization that governs law licenses in your state. Usually this is the disciplinary board of the highest court in your state. In some states, the state bar association is responsible for disciplining lawyers.

What should I do if my lawyer has mishandled my case?

If you have a case pending that your lawyer has mishandled, be sure to also protect your rights by taking steps to see that your case is now properly handled. My lawyer’s incompetence meant that I lost my case.

What happens if a lawyer refuses to take a case?

Unnecessary delays can often damage a case. If, because of overwork or any other reason, a lawyer is unable to spend the required time and energy on a case, the lawyer should refuse from the beginning to take the case. A lawyer must be able to communicate effectively with a client.

What is it called when a lawyer messes up?

What is Legal Malpractice? Legal malpractice is when an attorney makes a grievous error in handling a case. Lawyers are held to a general standard and codes of ethical and professional conduct.

Are lawyers liable for mistakes?

Even where an attorney made an obvious mistake, that mistake must have injured the client. The classic example of negligence is the attorney who did not file a lawsuit before the statute of limitations expired.

Can you sue NYC?

If you have a case against the city or state of New York, you cannot go it alone and need the advice of a skilled and experienced lawyer. Generally, you can file against the city of New York almost any type of negligence claim you would bring against an individual defendant.

What is it called when a lawyer does not do his job?

Legal malpractice is a type of negligence in which a lawyer does harm to his or her client. Typically, this concerns lawyers acting in their own interests, lawyers breaching their contract with the client, and, one of the most common cases of legal malpractice, is when lawyers fail to act on time for clients.

What is legal malpractice in NY?

Generally, legal malpractice occurs when an attorney, acting in their professional capacity as a lawyer is negligent. In this context, negligence is the failure of an attorney to exercise “reasonable care”—which means use a degree of skill that an ordinary member of the legal profession would use.

Is a mistake considered negligence?

This is a basic principle of tort law. Failure to act in accordance with one's duty of care will constitute a violation of the standard of care (applicable to the situation) and give rise to negligence liability. To sum it up: a mistake gives rise to negligence when the mistake violates the standard of care.

Can I sue for pain and suffering in New York?

Under New York law, you can only collect damages for medical expenses, lost wages and some other expenses related to your accident. You cannot sue your employer for pain, suffering, or emotional damage stemming from the loss of a loved one.

How long does it take to sue the city of New York?

90 daysNotice of Claim Requirements and Statute of LimitationsAGENCYFILING OF NOTICES OF CLAIMCity of New York90 daysNYC Transit Authority90 daysCounties outside of NYC90 daysNY MTA90 days5 more rows

How much does it cost to sue someone in NYS?

There are No Upfront Fees for Victims Many do not ask for any money at all before you reach a settlement or receive a verdict. Instead, they provide the necessary financial resources to investigate what happened, file the claim, and sue the liable party if necessary.

What is the most common complaint against lawyers?

Perhaps the most common kinds of complaints against lawyers involve delay or neglect. This doesn't mean that occasionally you've had to wait for a phone call to be returned. It means there has been a pattern of the lawyer's failing to respond or to take action over a period of months.

How do I report a lawyer misconduct in NY?

A complaint should be filed, by email or regular mail, with the attorney grievance committee having jurisdiction over the county in the State of New York in which the attorney maintains their office for the practice of law.

What should you not say to a lawyer?

Five things not to say to a lawyer (if you want them to take you..."The Judge is biased against me" Is it possible that the Judge is "biased" against you? ... "Everyone is out to get me" ... "It's the principle that counts" ... "I don't have the money to pay you" ... Waiting until after the fact.

If Your Lawyer Rejected Your Accident Case, We Want to Speak with You!

We often take cases other personal injury lawyers don’t want. In fact, we just agreed to represent a client whose eight-year-old daughter was injured at school but no other lawyer wanted the case. We believe it’s a very good case, but she called several other lawyers, none of whom were willing to take the case.

Clients Who Were Dropped by Their Accident Lawyers

We settled a case for $750,000 for a woman in the Bronx who was rejected by a Bronx lawyer. She injured her back in a car accident but the lawyer she went to wasn’t interested because she only had back pain. We took her case immediately.

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Our lawyers are screened and approved – they have all gone through an application and interview process. Each lawyer we recommend has been screened for significant experience, knowledge of ethics codes and rules, and law office practices, including customer service skills and handling of fees and billing.

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When you call us, you will be speaking with an attorney. One of our attorney referral counselors takes your call and talks with you about your legal question, or reviews your online referral request. There is no charge to speak with one of our attorney referral counselors -- we’re here to help.

Phillip William Gunthert

Mr. Bodzin has provided you with an extremely informative answer. If you feel that your attorney did a poor job you always have the option of appealing the case and I would strongly encourage you to speak with an appeals attorney that specializes in the area of law that your case dealt with specifically (criminal, civil, etc.).

Jay Bodzin

There are two different kinds of potential attorney misconduct: malpractice, and a breach of ethical rules. An attorney commits malpractice when they provide services that are below the standards of competency for the profession, and the client is harmed as a direct result of that substandard care.

Anthony Bettencourt Cameron

What kind of case? What did the lawyer fail to do? We are starting out at sub-basic information levels.

What Constitutes Property Damage?

In New York, property damage often occurs as a form of vandalism, such as someone throwing a rock through your window or putting graffiti on your wall. Property damage also occurs as acts of nature, such as hailstorm damage to a roof.

Proving Liability for Property Damage

Property damage claims often involve an insurance company that wants to pay as little as possible to settle your claim or repair the damaged property. These types of lawsuits are also often heard in small claims courts before judges.

Property Damage Statute of Limitations

Property damage cases in New York have a statute of limitations that impose a deadline on your ability to file a lawsuit. Our state’s statute of limitations for property damage claims is generally, not always, three years regardless of whether your claim is for damage to your house, land, vehicle damage, or other personal property.

Consult a Property Damage Lawyer

At the Law Office of Jeffrey K. Kestenbaum, we understand how important your property is to you and we are here to fight for your rights.

Does New York have a damage cap?

The good news is that New York has no damage caps. Most people consider the lack of damage caps to be beneficial to plaintiffs trying to get compensation for an injury.

Is there a cap on damages in New York?

Most plaintiffs are happy to know that there are no damage caps in New York. New York is one of the few states with no damage cap for personal injury cases. That means that the amount a jury decides would compensate a victim for their damages is what the victim will get. Jury verdicts do vary widely because there are no caps.

What to do if you have a complaint about a lawyer?

If you believe you have a valid complaint about how your lawyer has handled your case, inform the organization that governs law licenses in your state. Usually this is the disciplinary board of the highest court in your state. In some states, the state bar association is responsible for disciplining lawyers.

Why should a lawyer refuse to take a case?

Unnecessary delays can often damage a case. If, because of overwork or any other reason, a lawyer is unable to spend the required time and energy on a case , the lawyer should refuse from the beginning to take the case. A lawyer must be able to communicate effectively with a client.

How should a lawyer act in both professional and private life?

How a lawyer should act, in both professional and private life, is controlled by the rules of professional conduct in the state or states in which he or she is licensed to practice. These rules are usually administered by the state’s highest court through its disciplinary board.

What is the relationship between a lawyer and a client?

In a lawyer-client relationship, acting responsibly involves duties on both sides—and often involves some hard work. You have a right to expect competent representation from your lawyer. However, every case has at least two sides. If you are unhappy with your lawyer, it is important to determine the reasons.

What is the job of a lawyer?

Communication. A lawyer must be able to communicate effectively with a client. When a client asks for an explanation, the lawyer must provide it within a reasonable time. A lawyer must inform a client about changes in a case caused by time and circumstances. Fees.

What to do if your lawyer is not responding to your complaint?

If your lawyer is unwilling to address your complaints, consider taking your legal affairs to another lawyer. You can decide whom to hire (and fire) as your lawyer. However, remember that when you fire a lawyer, you may be charged a reasonable amount for the work already done.

What happens if your lawyer doesn't communicate?

A lack of communication causes many problems. If your lawyer appears to have acted improperly, or did not do something that you think he or she should have done, talk with your lawyer about it. You may be satisfied once you understand the circumstances better. I have tried to discuss my complaints with my lawyer.

What to do if your lawyer withdrew?

If your lawyer withdrew then you need to find another lawyer. Avvo is a great place to start your search. Good luck to you. This answer is a general interpretation of the law and is not fact specific to your case. Likewise it does not create an attorney-client relationship.

Can an attorney leave a case in California?

The answer will depend on whether the fee agreement you entered into with the attorney allows for the attorney's withdrawn, and under what circumstances. Under general principles of California law, there are very few ways for an attorney to leave a case once undertaken, and especially if leaving the case would create some prejudice to the client. Ask your lawyer, perhaps now your ex-lawyer, for a written...