New York Legal Malpractice Attorneys
Our Attorneys; Your Law Firm
Unfortunately, legal malpractice is on the rise. The attorneys at Greshin, Ziegler & Amicizia, LLP, in Long Island, New York, are dedicated to providing ethical legal representation to people who have suffered financial loss due to a lawyer’s negligence. Typically, harm in legal malpractice cases is a function of whether or not an attorney's actions led directly to financial loss on the part of a client. This involves a determination of whether the lawyer failed to act competently according to the standards, expectations, and code of professional conduct governing the legal profession. However, losing a case does not by itself constitute legal malpractice and should be distinguished from instances where an attorney's failure to act according to certain professional requirements resulted in financial harm to a client.
If you have questions regarding whether or not your attorney is liable for losses suffered by you, contact the law office of Greshin Ziegler & Amicizia today.
Experienced Long Island Legal Malpractice Attorneys
We are proud of our profession and take pride in helping people who have been damaged by attorney negligence. Our attorneys understand the sensitive nature of legal malpractice cases and our obligation to provide effective, ethical legal representation that is tailored to the specific needs of each client.
Our lawyers are committed to gaining the trust and confidence of our clients. We keep our clients informed throughout every phase of the litigation and we provide copies of all legal documents associated with their cases. We offer a free initial consultation and take most of our legal malpractice cases on a contingency basis.
Types of Legal Malpractice
Legal malpractice can take many forms. However, the most common types of legal malpractice involve:
When Does a Lawyer Forfeit His/Her Right to a Legal Fee?
As a professional, the conduct of a lawyer is not measured by the "morals of the marketplace". A lawyer-client relationship is a "fiduciary" relationship in which the standard of behavior for the attorney is the highest degree of loyalty to the client and the client's interest. New York's Chief Judge, Benjamin Cardozo addressed the question of a fiduciary's duty in language scarcely heard today and even rarely expressed 80 some odd years ago, when he defined the standard as, "...the puntilio of an honor the most sensitive....".
In short, attorneys must act at all times with the single-minded devotion to the client's cause. In New York (and all other jurisdictions) a lawyer will forfeit his or her right to legal fees (and may be required to refund previously paid fees) if they are guilty of misconduct or if discharged by the client for cause.
The attorney-client relationship is so unique that this rule of forfeiture is necessary to ensure that a client's trust in their lawyer is not misplaced. The courts also set aside normal contract rules in attorney-client relationships. For example, even when there is a written retainer agreement (a contract), a client at all times has an unqualified right to discharge the lawyer. If the lawyer is discharged without good cause, the lawyer can recover legal fees based on the value of the work done to the date of discharge. But, if the lawyer is discharged for good cause, the lawyer will forfeit his/her right to legal fees.
The issues involved in litigating claims for the forfeiture of legal fees include whether the entire fee should be forfeited or only the portion of the fee charged after the misconduct occurred.
In conflict of interest situations, for example, courts have permitted attorneys to be paid for work done until the conflict arose. The forfeiture affects only fees billed after the act of disloyalty.
Sometimes there is a claim that the attorney misconduct permeates the entire representation. In such rare instances, the entire legal fee may be forfeited. Although the rule is harsh, it is one of the protections that the courts have afforded to clients in an attorney-client relationship.
Often good cases are lost due to attorney errors. At Greshin, Ziegler & Amicizia, LLP, our legal malpractice lawyers have developed a reputation for providing ethical and knowledgeable representation on legal malpractice cases. Our attorneys regularly receive legal malpractice referrals from other attorneys and we are unswerving in our dedication to uphold the highest legal standards.
Contact our Long Island Professional Malpractice Lawyers
Please contact our New York legal malpractice attorneys for a free consultation regarding any legal malpractice matter. Our lawyers can be reached by phone at 631.265.2550 or by filling out the intake form via the link below.
New York Personal Injury Lawsuit Attorney
Long Island malpractice lawyer providing malpractice law, personal injury lawsuit, injury lawsuit, accident, legal malpractice, dental negligence, and construction law legal services to clients throughout Long Island.