How Do I sue my lawyer for malpractice in New Jersey?

How do I sue my lawyer for malpractice in New Jersey?

Steps For Suing For Legal Malpractice

You need to take these steps to sue a New Jersey lawyer for malpractice.

1. Find a Competent NJ Legal Malpractice Attorney;
2. Your attorney must review the case for attorney negligence;
3. Attorney Negligence is found where: The lawyer owed a duty to the client; The lawyer breached the duty by being careless or making a mistake; The negligence caused damages
4. Your attorney must file a Complaint within the statute of limitations
5. A legal malpractice expert witness needs to review the file and sign an Affidavit of Merit;
6. Your attorney must pursue the case to trial.

Role of the New Jersey Legal Malpractice Attorney

When reviewing the file, your New Jersey legal malpractice attorney will look at whether there is time under the statute of limitations to file suit. Your attorney will also review your records to see how strong your case is. Your attorney will also interview you to find out what happened.

If your attorney believes you have a case, an expert witness will then review the matter. In New Jersey, an expert witness prepares an Affidavit of Merit after a file review. You must get an Affidavit of Merit in any lawsuit against a lawyer for negligence. An expert provides valuable insight on attorney negligence and damages.

Your attorney will write the Complaint for filing with the Court. Once the Complaint is filed, your attorney will conduct discovery and prepare the case for trial. It is always important for your attorney to request a trial by jury. It is also important to hire an attorney who understands how to succeed in motions and at trial.