New Jersey residents may be interested in a legal malpractice lawsuit that was recently filed in Boyle Circuit Court in Kentucky. The attorney who is being sued took over a death-penalty case for which her late husband had served as lead counsel before he was killed.
Teresa Giudice, star of the television show "Real Housewives of New Jersey" spent almost one year in federal prison after she and her husband both pleaded guilty to bankruptcy fraud and conspiracy to commit mail and wire fraud. According to Giudice, legal malpractice may have been responsible for her federal charges. Giudice claims that she suffered damages from her bankruptcy attorney's errors when inaccurate financial statements were filed and federal prosecutors built a fraud case against her.
In April 2016, a New Jersey judge gave reality television personality Teresa Guidice permission to sue her former lawyer. According to Guidice, the attorney failed to tell her that she was acting improperly by failing to reveal certain assets she and her husband shared during a bankruptcy proceeding. The woman contends that had her lawyer properly listed her assets, she wouldn't have ended up spending 11 months incarcerated.
New Jersey residents may find it amusing to a degree that a Manhattan couple is suing their former attorney for malpractice after cyber criminals hacked into her AOL email account and used it to scam them out of almost $2 million. The lawsuit was filed on April 18.
It is unfortunate when a New Jersey resident has a bad experience with their attorney. While the person who does may think the attorney may have committed legal malpractice, that is not always the case.
The duty of the attorney to his client is fiduciary nature; meaning, he cannot place his personal interests above or in conflict with those of the client. The consequences for failing to uphold this fiduciary duty can lead to litigation with the client as well as various civil and even criminal penalties. This axiom is illustrated by the recent filing of a motion in connection with a legal malpractice lawsuit in the US District Court of New Jersey.
In previous posts we have covered many examples of alleged an actual instances of attorney malpractice in New Jersey. Sometimes the underlying causes of the malpractice may seem obvious; at other times, it may be harder to discern. This post addresses the standard by which courts decide whether an attorney's behavior meets the threshold to qualify as legal malpractice.
When you hire an attorney in New Jersey, you likely expect them to “work for their money.” After all, you are likely paying thousands of dollars for their advice, expertise and representation. You want to ensure they are using the hours they are charging you for effectively in an effort to win the case for you. Of course, this is not always easy to gauge.
When you experience a traumatic event, such as a serious work injury or divorce, you go to an attorney with all of your faith and trust. Like doctors, attorneys are supposed to be the right hand person of their clients and have their best interest at heart, working hard to get them the best results after their case has settled. You expect your lawyer to stick to his or her own professional standards. Unfortunately, that does not always happen, and legal malpractice in New Jersey is more common than you think.
All attorneys in the state of New Jersey must follow the Rules of Professional Conduct. Failure to do so can be grounds for legal malpractice. One common basis for a legal malpractice claim is that an attorney accepted a settlement offer without the client’s consent.