Many people pride themselves on being as fair as they can be. They often expect the same type of behavior from their peers, co-workers and employers. When they feel that there may be people being treated unfairly through discriminatory practices, they often want to do their part to correct the injustice. However, many people do not appreciate being accused of discriminating against a group of people. When the person being accused is an employer, an employee seeking fairness could find themselves being fired, and they could have cause for a wrongful termination claim.
A lawsuit lodged by shareholders against the directors and officers of Bank of NY Mellon Corp was recently dismissed. The allegations involved claims that bank executives neglected their responsibilities with regard to overcharging customers on currency trades. The decision was announced on July 3 by a U.S. District Judge. Civil litigation claims like this in New Jersey and elsewhere tend to involve breach of contract claims, and other violations, along with legal and factual reasoning to support such claims.
Legal malpractice consists of the failure of an attorney to use such skill, prudence and diligence as lawyers of ordinary skill and competence in the community would normally provide for the same or similar services. In New Jersey and elsewhere, if the attorney falls below that required standard of professional care under the circumstances, and if that legal malpractice is the substantial cause of damages, it gives rise to a tort action by the injured party against the ill-performing professional. Such claims are steadily growing, according to an annual survey conducted by an insurance broker.
Sometimes lawyers make mistakes just like everyone else in life. With multitudes of facts to know, changing laws every day and intricate factual and legal patterns, lawyers can indeed fail to negotiate a turn once in a great while. If you run into that problem in New Jersey, the best person to help you make a claim against your lawyer would be another lawyer. However, be careful to choose one that has prior experience in legal malpractice claims.