Legal Question in Legal Malpractice in New Jersey

Suing My Attorney

Hi, I was wondering how I would go about suing my attorney because I had an accident case in January 2002 and I (as the client) tried to stay on top of things ,but my lawyer would get offended because I called once a month. My lawyer let things slip through his hands especially letting the the statue of limitations lapse and not naming the correct party in my case and my case was dismissed by a judge. Here I am without any monies from my case and also my attorney didn't listen to me when I was trying to tell him in depth that I was experiencing more pain than usual. I did all the things that were required of me and I'm getting the short end of the stick. My lawyer thinks that since he had a stroke lets him off the hook ,but he had the stroke 2.5 years later after he was already involved in my case and I have documentation from the defendant's lawyer that he tried on 5 separate occasions to contact my lawyer and he didn't respond at all.


Asked on 5/16/05, 8:27 am

2 Answers from Attorneys
Adam L. Rothenberg Levinson Axelrod, P.C.

Re: Suing My Attorney

The fact that your lawyer had a stroke or was otherwise incapacitated is not relevant. If the lawyer failed to protect you and your claim, then he is responsible. I would suggest that you consult with a firm such as ours at your earliest convenience. We handle these types of matters. I can be reached at 800-34 NJ LAW or by e-mail.

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Answered on 5/16/05, 8:34 am
Scott Diamond DIAMONDLAWYER

Re: Suing My Attorney

In order to prove a legal malp case you must first have an underlying claim. I would need to know what type of case he wass handling. IF you had a good case, the lawyer is responsible. I handle these type of cases and would be happy to lok into it. His stroke has no bearing on your claim.

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Answered on 5/16/05, 5:43 pm


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