Nationwide Directory - New Mexico
Daymon Ely
1228 Central Avenue S.W.
Albuquerque, NM 87102
(505) 248-0370
1228 Central Avenue S.W.
Albuquerque, NM 87102
(505) 248-0370
Legal malpractice refers to the negligence of a lawyer while representing a client. An attorney is negligent when he or she fails to use reasonable care under the circumstances. To recover on a claim of legal malpractice, you have to show not only that your lawyer was negligent but also that you suffered damage because of that negligence. Typically that involves proving that you would have won your case had your lawyer not been negligent.
Generally speaking, you have two years to sue your attorney for legal malpractice, but knowing exactly when the two-year clock starts to run can be tricky. The safest course of action is to consult with a lawyer, experienced in handling legal-malpractice claims, as quickly as possible. Once knowing all of the facts, your new lawyer can advise you as to exactly when the applicable statute of limitations will run.
Whether your attorney has been negligent depends a great deal on the facts of each case. While it is impossible to list all circumstances that could give rise to a legal malpractice claim, some more typical scenarios include when your attorney misses an important deadline in the case, such as a statute of limitations, or fails to properly research the facts or the law governing your claim.
Cases vary considerably in their duration, which is influenced by many factors, including the complexity of the underlying claim and the eagerness of the defendant or his or her insurance company to cooperate. While some cases can be settled fairly quickly, the average legal malpractice case typically takes two to three years from filing to judgment.
In Florida, you have the right to a trial by jury if you so choose. After hearing the evidence from witnesses and documents, the jury will decide how much, if any, money damages you are entitled to recover. In all cases, it is the judge who will rule on issues of law and tell the jury what evidence it is allowed to consider.
When you hire an attorney, you expect the best representation possible. Your lawyer should know the law, should understand your case, and should be prepared to advocate for your interests in court or in a settlement negotiation. There are many things a lawyer must do to meet this standard. One of the most basic of […]
Commingling is the act of attorneys mixing their own funds with clients’ funds. In the legal realm, this is a major ethical violation. The American Bar Association and all the states, including Florida, mandate that attorneys adhere to specific Rules of Professional Conduct. Florida Clients If a Florida attorney has commingled his or her funds […]
Lose Your Case Because Your Lawyer Didn’t Properly Investigate? When you hire a lawyer, you expect him or her to do a thorough job on your case. However, some lawyers fail not only to meet their clients’ expectations but to invest the time and skill required by the ethics rules binding lawyers. This failure to […]
The decision to sell your house or land is a big one; therefore, you need to ensure all the necessary documents to facilitate the sale are ready. Among the documents you require is a deed that proves ownership. As the seller of the property, you have a responsibility to provide the deed. It takes the […]
Failure to File Your Case on Time Could Gain You a Legal Malpractice Case You put your trust in your attorney to handle your legal troubles. You don’t understand all of the intricacies of the law, what documentation is required, and when deadlines must be met. That is why you have paid good money to […]
Malpractice in the legal industry occurs more often than people realize, and one of the regular problems with malpractice occurs when people hire attorneys who are not licensed in the particular state where the legal issue exists. These types of cases can range from criminal matters to personal injury situations to immigration status hearings. While […]
When you’re involved in the legal system, time is always important. Deadlines come and go with no exceptions. If you need to appeal your case, you have only a limited amount of time to file the paperwork. If your attorney fails to appeal your case, they may be liable for Florida legal malpractice. Here’s how […]
The social contract dictates everyone should be able to trust their lawyers with their lives. Lawyers’ roles are to insure justice and fairness for all, even defendants. When your lawyer becomes someone you should have been protected from, honest counselors with proven public trust can solve your financial misconduct and misappropriated funds dilemma. When You […]
You trust your lawyer to protect your rights and defend your interests. Whatever problem you are trying to resolve or compensation you are trying to recover, your lawyer should possess the knowledge, insight, and skill to give you adequate, effective, and ethical representation. To provide this kind of service, they must be a specialist in […]
Losing a case or having it rejected by the court because of an attorney’s legal filing error leaves you cheated and angry. While you would expect an attorney to make sure his or her work is error-free, filing errors are more common than they should be and not limited to the least experienced attorneys. Here […]