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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 973-366-3900 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.