Best Legal Malpractice Lawyers in Brooklyn

About Legal Malpractice Law in Brooklyn, United States

Legal malpractice refers to professional misconduct or negligence by an attorney that causes harm to a client. In Brooklyn, which is part of Kings County in New York State, legal malpractice claims are governed by New York law and are handled in state courts. A claim typically requires proof that an attorney owed a duty to the client, breached the standard of care, and that the breach caused actual damages. Legal malpractice can arise from a wide range of lawyer errors - from missed filing deadlines to conflicts of interest or failure to follow client instructions. In addition to civil claims for damages, serious ethical violations can be reported to local disciplinary authorities.

Why You May Need a Lawyer

- You suspect that your attorney missed a statute of limitations or failed to file a lawsuit or appeal on time and you suffered financial loss as a result. Missing a deadline is a common basis for malpractice claims.

- You believe your attorney provided incompetent representation that altered the outcome of your case - for example, failing to call important witnesses, missing critical evidence, or giving incorrect legal advice about settlement offers.

- Your lawyer had an undisclosed conflict of interest that affected their loyalty or judgment - such as representing adverse parties or having a personal stake that contradicted your interests.

- You were charged excessive or improper fees, or you disagree over fee arrangements and want to evaluate whether a fee dispute or malpractice claim is appropriate.

- You believe your attorney committed ethical violations such as misappropriating funds, lying to you, or otherwise acting in bad faith - you may want both a malpractice claim and a disciplinary complaint.

- You want to understand your legal options - whether to pursue litigation, mediation, arbitration, or file a complaint with a grievance committee. An experienced malpractice lawyer can evaluate causation and damages and explain the likely outcomes and costs.

Local Laws Overview

Jurisdiction - Brooklyn matters generally proceed under New York State law in Kings County courts. Where federal law or federal courts were involved in the underlying matter, federal questions may also affect remedies and proceedings.

Statute of limitations - In New York, legal malpractice claims are usually time-limited. Most malpractice actions must be commenced within a set statutory period. The time when the clock starts can depend on when the malpractice occurred or when the client discovered, or should have discovered, the injury. Courts recognize doctrines like the discovery rule and continuous-representation tolling in some circumstances, so prompt action is important.

Elements of a claim - To succeed you generally must show: an attorney-client relationship or duty; breach of the applicable standard of care; proximate causation - meaning but for the attorney's negligence the client would have achieved a better result; and actual damages. Proof often requires factual and legal analysis specific to the prior representation.

Expert proof - New York courts commonly require expert testimony to establish the standard of care and breach in legal malpractice cases, unless the negligence is so obvious that a layperson can evaluate it - for example, missing the statute of limitations.

Venue and remedies - Malpractice claims are typically filed in state trial courts. Remedies usually include compensatory damages to make the client whole - economic losses and sometimes consequential damages. Punitive damages are rare and require proof of egregious misconduct.

Attorney discipline - Ethical complaints are handled separately from civil malpractice suits. In Brooklyn and the surrounding region the Appellate Division - Second Judicial Department, and its associated grievance committees, process disciplinary matters. Disciplinary action can result in admonition, suspension, or disbarment, but does not always compensate the injured client.

Privilege and waiver - Attorney-client privilege generally protects communications, but a client suing a lawyer for malpractice may waive privilege to the extent necessary to litigate the claim. Courts balance confidentiality interests against the need for relevant evidence.

Frequently Asked Questions

What exactly is legal malpractice?

Legal malpractice is a claim against a lawyer for failing to provide competent, diligent, or loyal representation, resulting in harm to the client. It can arise from negligence, breach of contract, or intentional misconduct. Examples include missing deadlines, failing to follow client instructions, or improper handling of funds.

How do I know if I have a valid malpractice claim?

You likely have a claim if you can show an attorney-client relationship, a clear error or omission by your lawyer, and that the error caused measurable harm. A consultation with an attorney who focuses on malpractice can help determine whether the facts support a claim and what proof will be needed.

How long do I have to file a legal malpractice lawsuit in Brooklyn?

Time limits vary, but many legal malpractice claims in New York must be filed within a relatively short statutory period. The exact deadline depends on the circumstances, such as when you discovered the injury and whether continuous representation tolling applies. Because deadlines can be complex, contact counsel promptly to protect your rights.

Do I need an expert witness to prove malpractice?

Often yes. New York courts frequently require expert testimony to establish what a competent attorney would have done and that the defendant breached that standard. Exceptions exist when the attorney?s negligence is obvious to a layperson, such as failing to file a case before the statute of limitations expired.

What types of damages can I recover?

Recoverable damages typically include economic losses directly caused by the malpractice, such as lost settlement amounts, judgments, or fees incurred to correct the error. In some cases consequential damages may be recoverable. Non-economic and punitive damages are unusual and depend on the facts and proof of intent or malicious conduct.

Can I file a complaint with a disciplinary agency instead of suing?

You can do both, but understand they serve different purposes. A disciplinary complaint asks regulators to investigate unethical conduct and potentially discipline the attorney. A civil lawsuit seeks monetary compensation. Filing a grievance does not substitute for a malpractice lawsuit if you want damages.

What happens to my privileged communications if I sue my lawyer?

Bringing a malpractice suit may waive privilege for communications relevant to the claim, because the court needs evidence to adjudicate the dispute. Courts generally limit the waiver to the subject matter in dispute, but this is a critical issue to discuss with counsel before filing suit.

What if my lawyer missed an appeal deadline or statute of limitations?

Missing a deadline that causes you to lose a claim is a common malpractice basis. In many such cases courts and malpractice lawyers treat the missed-deadline situation as a clear showing of harm, but you must act quickly because statute of limitations issues are time-sensitive.

How much will it cost to sue my lawyer? Are contingency-fee arrangements possible?

Costs vary. Some malpractice lawyers accept cases on a contingency-fee basis, especially where damages are significant and can cover costs. Others require hourly fees or a mixed arrangement. Budget for expert fees and litigation expenses, and discuss fee structure and cost exposure during an initial consultation.

Should I change lawyers immediately if I think mine made a mistake?

Not necessarily. If you believe you have been harmed, preserve all documents and communications, and consult an experienced malpractice attorney before taking action. Changing lawyers may be appropriate in many cases, but be mindful of timing, potential conflicts, and the need to preserve evidence and avoid actions that could harm your claim.

Additional Resources

- New York State Unified Court System - information about courts, filing procedures, and local rules that affect malpractice and related litigation.

- Appellate Division - Second Judicial Department grievance committees - offices that receive and investigate attorney disciplinary complaints for Brooklyn and the surrounding region.

- New York State Bar Association - professional guidance, lawyer directories, and publications about malpractice, ethics, and fee arbitration.

- Brooklyn Bar Association and Kings County legal organizations - local bar groups that can provide referrals to attorneys experienced in malpractice matters and ethical guidance.

- Legal aid organizations and law clinics - for people with limited means, local legal services may provide referrals or limited assistance, though malpractice litigation typically requires private counsel.

- LawHelpNY and court self-help centers - resources for understanding court procedures, filing requirements, and locating legal assistance.

Next Steps

- Preserve your files - Gather and make copies of all relevant documents, emails, court papers, billing statements, retainer agreements, and any written communication with your lawyer. Preserve originals whenever possible.

- Note critical dates - Record dates related to the alleged malpractice, such as when advice was given, deadlines missed, or when you first discovered the problem. Identify upcoming statute of limitations deadlines and act before they expire.

- Seek a prompt consultation - Contact an attorney experienced in legal malpractice in New York for an evaluation. Many firms offer initial consultations to review the basics and identify next steps. Ask about fees and whether your case might be taken on contingency.

- Consider evidence and experts - Discuss with counsel whether expert review of your case will be needed and how the expert will evaluate causation and damages.

- Decide on remedies - With your lawyer, weigh the practical options - demand letter, negotiation, mediation, arbitration if applicable, or filing a lawsuit. Consider also whether to file a disciplinary complaint if ethical violations occurred.

- Avoid premature actions - Do not destroy documents, post details publicly, or disclose privileged communications without advice from counsel. Be cautious about terminating representation until you understand the legal and strategic implications.

- Get a second opinion if unsure - If you doubt your lawyer?s conduct or the advice you received, a second opinion from an experienced malpractice lawyer can clarify your options and preserve your rights.

Note - This guide is for informational purposes and does not constitute legal advice. If you think you have been harmed by an attorney in Brooklyn, consult a qualified New York attorney promptly to discuss your specific situation and deadlines.