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Legal malpractice occurs when a lawyer, in their professional capacity, commits an error or an omission, resulting in damage to their client. In Christchurch, New Zealand, legal malpractice might include cases such as negligence, breach of contract, and breach of fiduciary duty. If you think you've been wronged by your lawyer, it is crucial to seek professional advice to confirm if you have a claim.
Engaging a lawyer becomes essential when you believe your attorney has performed below the expected legal standards - this might be through inattention, mistakes, misconduct, or lack of knowledge, thereby injuring your case. In such situations, a malpractice lawyer understands the standards of professional conduct and can assess whether your past lawyer's actions indeed qualify for malpractice.
In Christchurch, New Zealand, the Law Society governs lawyers' professional conduct. The Lawyers and Conveyancers Act 2006 outlines the professional conduct lawyers should observe. Moreover, the professional rules of conduct emphasize a lawyer’s duty to always act in the best interest of his/her clients, maintain client confidentiality, and avoid conflicts of interest. Any violations of these standards may constitute legal malpractice.
Legal malpractice entails professional negligence, a breach of duty, or unlawful acts committed by an attorney that cause damages to a client.
To successfully prove legal malpractice, one needs to establish that an attorney-client relationship existed, the attorney was negligent or committed a breach, and that this negligence directly resulted in harm.
Yes, you can claim for damages in a legal malpractice case. The actual amount would depend on the nature of loss or damage suffered due to the attorney’s misconduct.
The time limit or "statute of limitations" for filing a legal malpractice case in New Zealand is typically 6 years from the date when the cause of action accrued, but it varies depending on the specifics of the case. It is advised to consult with a legal expert to provide accurate advice based on your unique situation.
Being rude, unresponsive or showing a lack of professionalism is generally not enough to substantiate a legal malpractice claim. There needs to be evidence that the lawyer's behavior directly caused a loss or damage.
The New Zealand Law Society and Citizens Advice Bureau are beneficial resources for understanding the standards of professional conduct for lawyers and avenues for lodging complaints. The 'Rules of Conduct and Client Care for Lawyers' document, available publicly online, is a comprehensive resource detailing lawyer responsibilities.
If you believe you have a legal malpractice case, it's advisable to seek immediate advice from a competent attorney in the field. Collect all relevant documents and information related to your previous case(s) including emails, contracts, and any documentation of the lawyer's perceived misconduct.
