Legal Question in Legal Malpractice in New Jersey
How do one advertise for a legal malpractice lawyer?
My case requires a legal malpractice lawyer. Many lawyers cherry pick the best cases. Tradional means have proved to be of no avail. What publication is there to advertise for such a lawyer? thanks. That is traditional means. I misspelled word.
2 Answers from Attorneys
Re: How do one advertise for a legal malpractice lawyer?
I am not sure what your question is. If you have a potential claim, tell me about it and I will advise you if I can. Lawyers tend to take cases that they can win and make money with for both the client and themselves.
Re: How do one advertise for a legal malpractice lawyer?
You need to explain briefly what facts lead to your saying you need an atty to file a claim for malpractice against another atty.
With regard to "cherry picking", I have failed to properly screen the case I accepted in the past, and it cost me dearly. ALL attys must review all cases before we accept them.
There are 3 major factors we must consider, 1) we only have 50-70 hours per week we can regularly work, and 2) how good is the claim and 3) what are the damages. If an atty takes on too many cases because they are "just", but they don't pay off, then you end up a (financially) poor atty. I know. IF I have the time, and IF the liability is clear (and it rarely is REALLY clear), then I still have to see what are the damages. If you have $10,000 in damages, and the case will likely take 3-5 years (and legal malpractice will trust me on that)and 100 hours, the legal fee will be $15,000 - 30,000!!! Therefore, NO ONE can afford to take this case.
I just filed a legal malpractice complaint for a client who is also a long time friend. In his case, the atty was told by a judge the time to exercise an option had not expired, and that her prior attempt was deficient for several reasons. She was told to write a new 'corrected' letter. She failed to do so. Liability is really CLEAR here, but I guarntee you, she will put up a defense. The damages will be at least $65,000, and likely more like $250,000 to $300,000. Still, malpractice insurance counsel will rarely settle until trial is about to start. So, I have 3+ years before this will likely settle, and in the mean time, I'll have to front thousands in expenses, and at least 100 hours of time.
So, things are rarely as simple as they seem. There are reasons attys can not take all cases, even where people were 'screwed', intentionally or unintentionally, and they are out money, not to mention the upset, lost time, and overall general agita.
I relish the times I can fight the good fight, but I just married, and I have a family to take care of, so if I don't make good decisions, and make money, I can't help anyone, incliuding myself.
Let us know what your circumstances are. If other attys have turned it down, it is likely the case just isn't worth an atty taking it. You CAN file yourself if it is really worth it. An atty may be willing to help you draft your complaint, and give you some direction (with a disclaimer as to any representation in the matter), so you do have options.
Good luck to you.
Kevin J. Begley
732-525-8200