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Legal Malpractice

New Jersey Legal Malpractice Attorney

Righting a legal wrong caused by incompetent representation or fraud

Gelman Gelman Wiskow & McCarthy LLC was established in 1950 by two Harvard Law School graduates who made ethics and professionalism the cornerstone of our firm’s practice. Just as our founders did more than 60 years ago, our lawyers today hold our colleagues to the same high standards that we expect of ourselves. We hold your former lawyer accountable for conduct that was adverse to your best interests and that resulted in legal malpractice.

When are a law firm’s actions considered malpractice?

You do not have a malpractice cause of action just because you do not like the outcome of your case or your former lawyer did not take the strategy you thought was best. To demonstrate legal malpractice, you must show negligence, such as that your former lawyer:

  • Missed a filing deadline or court date
  • Failed to communicate with you about important issues affecting your case
  • Had an unresolved conflict of interest
  • Betrayed your confidentiality
  • Did not zealously represent you
  • Misused your trust account funds
  • Withdrew from your case without following court procedures
  • Breached your attorney-client contract
  • Performed in a manner that demonstrated incompetence
  • Acted unethically or in violation of the law

Elements of a legal malpractice claim

Legal malpractice refers to the means of holding your former attorney liable for negligence in civil courts. To prevail on a legal malpractice, you must prove all elements, including:

  • You had an attorney-client relationship
  • Your former attorney negligently represented you
  • Your former attorney’s negligence caused you harm
  • The nature and extent of the damages you suffered

Gelman Gelman Wiskow & McCarthy LLC advises you about whether your former attorney’s conduct qualifies as malpractice. You must file your claim within the New Jersey statute of limitations or you forfeit your right to recover damages from your former attorney, regardless of fault.

Other actions you can take against your former lawyer

Even if you do not have a legal malpractice case, you may still have remedies available to you. The New Jersey State Bar Association (NJSBA) resolves complaints against lawyers regarding fee disputes, ethics violations, incompetent representation, fraud and other issues. If your claim has merit, the NJSBA may discipline the lawyer, suspend the lawyer’s license, disbar the lawyer, make the lawyer refund your fees or mandate another action, depending upon the seriousness and nature of your grievance.

After review of your case, Gelman Gelman Wiskow & McCarthy LLC determines whether filing a grievance with the NJSBA is warranted, and we guide you through the procedures to ensure your voice is heard.

Learn how we advocate for you if your former law firm acted negligently

To learn more about your rights if your former lawyer has violated your attorney-client relationship, call Gelman Gelman Wiskow & McCarthy LLC at 862-263-0770 or contact us online to schedule your one-hour free initial consultation. We maintain multiple office locations so we’re always accessible to you.  A Spanish-speaking translator is available upon request.

VERDICTS & SETTLEMENTS
  • In 2018, we settled or won, at arbitration/mediation/trial, just over 100 personal injury cases. In total, our clients recovered just under 9 million dollars. In the last 5 years, we have settled/won over 600 personal injury cases and our clients have recovered almost 50 million dollars.
  • In the last 5 years, our firm has resolved over 300 workers compensation cases for in excess of 3 million dollars. During that same time period, our social security clients have prevailed in almost 85% of their appeals.
  • Results may vary depeding on your particular facts and legal circumstances.
Our Offices
  • Dover Office
    77 Union Street, Suite 2A
    Corner of Rt. 46 and Union Street
    Dover, New Jersey 07801
    Phone: 973-366-3900
    Fax: 973-813-3360
  • Newton Office
    93 Spring Street
    Suite 406
    Newton, New Jersey 07860
    Phone: 973-512-2207
    Fax: 973-813-3360
  • Elmwood Park Office
    One Broadway
    Suite 304
    Elmwood Park, New Jersey 07470
    Phone: 201-794-3131
    Fax: 201-794-0812
  • Bernardsville Office
    150 Morristown Road
    Suite 103
    Bernardsville, New Jersey 07924
    Phone: 862-263-0770
    Fax: 973-813-3360