Shopping for a Legal Malpractice Attorney

Before you begin shopping for a legal malpractice attorney, you should ask yourself "What kind of an attorney do I want?" You first need to decide whether or not you want to rely upon someone who is highly specialized in legal malpractice (or in any other area of law where you have a problem, for that matter) or whether you want to bring your case to a law firm which handles a variety of personal injury claims ranging from exploding light bulbs to slip and falls.

Next, you should ask yourself "How do I differentiate between one attorney and another?"

You should be able to find these answers by consulting lawyers.com, the web presence of the prestigious Martindale-Hubbell organization. You may also want to go to the library to research the multi-volume Martindale-Hubbell publication, and in particular Martindale-Hubbell's Bar Register of Preeminent Counsel. The paper version of Martindale-Hubbell may be found at most county libraries. Be sure to call first. Your county law library is likely to have a copy as well. You should call your county courthouse to determine whether there is a law library available to you at the county courthouse, and you should follow up with the law librarian to determine whether or not their library has Martindale-Hubbell's multi-volume set.

Martindale-Hubbell rates lawyers. It sends anonymous questionnaires to lawyers and judges in given geographical areas. These lawyers rate their peers anonymously. They are rated both for their legal ability and for their ethical reputation.

Some lawyers are listed in a supplemental Martindale-Hubbell publication, "The Bar Register of Preeminent Counsel." Only a very small number of lawyers are included in this prestigious list. We are proud to say we have been included.

Although no system is perfect, using Martindale-Hubbell and Lawyers.com can significantly narrow your search to a specialized group of attorneys who are highly regarded by their fellow attorneys and by judges.

How Do I Know if I Have A Case?

You would be surprised at how good your instincts are. We have found that most of our clients, even if they are not lawyers, are able to say "I know it when I see it" when it comes to legal malpractice.

That, however, does not mean that you have a significant legal malpractice claim. In many instances, clients have a problem which can be solved rather quickly and efficiently by bringing the matter to another attorney with the proper area of specialization. A new attorney may have a simple solution to what you perceive to be a complicated situation.

Of course, it is very difficult for a non-lawyer to know if his or her problem may be cured simply or whether it is necessary to sue for malpractice. Please call us. We are able to tell the difference. While we do not handle what is referred to as "Claims Salvage," we will be able to, hopefully, "steer you in the right direction" when it comes to retaining a lawyer to help you fix your problem. If the problem cannot be fixed, then it is time to consider the option to sue for legal malpractice. This is the area of law in which we specialize.

The Statute of Limitations

The Statute of Limitations for legal malpractice is six years. That is to say, you must file a lawsuit against your attorney within six years of the commission of an act of legal malpractice.

Under certain limited circumstances, the six-year time period may be extended. However, if you suspect that your lawyer has committed malpractice, it is important not to "sit on your rights." You should consult a legal malpractice attorney immediately.

Saffer v. Willoughby, The Client's Best Friend

Ordinarily, each side pays it's own attorney fees. This is known to lawyers as "The American Rule" (In England, the loser in litigation pays for the winner's attorney fees).

Here in New Jersey we have an exception to the "The American Rule." The exception is that in legal malpractice cases, if you prevail at trial you are entitled not only to your damages, but also to have the fees of your legal malpractice attorney paid by the defeated lawyer or by the defeated lawyer's malpractice insurance company.