No one is infallible. In fact, not matter the profession, it is a given you’re going to make mistakes. It’s what you do to correct your mistakes that builds character.
Professionals like accountants, lawyers or doctors have a duty to act in accordance with standards of care appropriate for the given profession. Legal malpractice certainly occurs, just as medical malpractice does. When harm results, the law offers a remedy.
In order to succeed in a professional malpractice case, the plaintiff has to prove that the professional’s conduct fell below the applicable standard of care and resulted in damage or harm. Both of these elements must be proven. It is not enough that a professional committed negligence. That negligence must actually result in some harm.
In our practice we find that many people are reluctant to bring such claims. However the laws of Pennsylvania and New Jersey are quite clear – if damage or harm occurs as a result of professional negligence, then the injured party has a right to seek damages.
Legal malpractice cases aren’t very common. The main reason is that lawyers are allowed to make mistakes or errors in judgement. It is only when their actions or inactions fall below the standard of care of other lawyers that they can be held liable. A common example is when a lawyer fails to file a client’s lawsuit within the applicable statute of limitations. Such conduct clearly falls below the standard of care of lawyers.
Related Legal Article: What is Legal Malpractice in New Jersey?
If you’d like to have your case reviewed by our Pennsylvania and New Jersey professional malpractice lawyers, call 215.925.4451. Our lawyers are available for a free, no obligation legal consultation.The lawyers at Schwartz & Blackman handle cases in the Pennsylvania and New Jersey area:
- PA: Berks County, Bucks County, Chester County, Delaware County, Montgomery County, Philadelphia County, Allentown, Lehigh Valley, Norristown, Philadelphia
- NJ: Atlantic County, Burlington County, Camden County, Gloucester County, Mercer County, Middlesex County, Monmouth County, Camden, Cherry Hill, New Jersey shore cities
*This website does not provide legal advice. Every case is unique and it is important to get a qualified, expert legal opinion prior to making any decisions about your case. See the full disclaimer at the bottom of this page.