Legal Malpractice

Many law firms won’t handle legal malpractice cases because they don’t want a other lawyers to dislike them. At The Berkman Law Office, LLC, we don’t shy away from legal malpractice cases since our focus is protecting our clients’ interests. We are committed to our clients, not a popularity contest. This has probably cost us some friends over the years, but when our clients have been damaged by poor legal representation, we feel a moral obligation to stand up.

Generally, legal malpractice occurs when an attorney, acting in a professional capacity as a lawyer, is negligent. In this context, negligence is the failure of an attorney to exercise “reasonable care”—which means use a degree of skill that an ordinary member of the legal profession would use. In order to prevail in a suit for legal malpractice, the plaintiff must also prove that they probably would have won the underlying case but for their attorney’s negligence in handling their matter.

There are aspects of attorney malpractice claims that are distinct from other types of professional liability. Legal malpractice occurs only when an attorney makes a mistake that causes measurable damage to a person, which is usually but not always the attorney’s client. Not all mistakes by lawyers cause damage. Also, as long as the attorney’s judgment was based on an evaluation of the facts and law available to them, lawyers generally are not liable for errors in their professional judgment. For example, matters of legal strategy will not subject an attorney to legal malpractice liability as long as the lawyer's decision is a reasonable one. Otherwise, the decision could be considered legal malpractice.

Scrutinizing the underlying matter that the attorney was hired for is paramount to evaluating a legal malpractice case. This is where the legal acumen of the attorneys at The Berkman Law Office, LLC is invaluable. We immerse ourselves in the facts of the underlying matter and develop the critical understanding necessary to handle each case.

The Berkman Law Office, LLC serves clients throughout Brooklyn, Queens, The Bronx, Staten Island, Manhattan, Nassau County, and Westchester County NY. As well as clients in New Jersey.

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