All practicing attorneys in New Jersey are subject to the state's Rules of Professional Conduct, which impose high standards of behavior when it comes to their behavior toward the courts, other attorneys and clients. Sometimes these rules are easy to understand and straightforward to apply, such as the fiduciary duty to clients and the responsibility not to misuse client funds. On other occasions, though, application of the rules can involve complicated fact patterns that trigger multiple potential violations of those rules.
In several posts on our blog we have covered claims of legal malpractice against New Jersey attorneys and law firms. Most of the time, such claims -- and the lawsuits that they can lead to -- are based on a well-recognized number of underlying issues between attorney and client. Some of these include:
When you hire a professional, you create a business relationship. This is true whether you are working with a plumber, hiring someone to mow your lawn, or retaining an attorney. Yet you do not hear of court cases in which a dissatisfied customer sues a plumber for malpractice, but you likely have heard of such cases involving lawyers.
The recently filed lawsuit by a high profile reality television personality against her former attorney for legal malpractice has generated a great deal of finger pointing as both sides toss accusations at each other. Among the accusations made by the client is that errors made by her attorney led to bankruptcy fraud charges against her.