Best Legal Malpractice Lawyers in New Hampshire

About Legal Malpractice Law in New Hampshire, United States

Legal malpractice occurs when an attorney fails to perform their legal duties competently, resulting in harm or financial loss to a client. In New Hampshire, legal malpractice is addressed under state law and requires proving that an attorney did not meet the professional standard of care expected of lawyers in similar circumstances. Clients seeking to pursue a legal malpractice claim must demonstrate that there was an attorney-client relationship, that negligence occurred, and that the negligence directly caused them harm.

Why You May Need a Lawyer

If you believe your lawyer failed to represent your interests effectively or acted unethically, you may need legal help. Common situations in which people seek legal malpractice counsel include:

• Missed filing deadlines resulting in case dismissal or loss of rights.
• Poor legal advice that leads to negative financial or personal consequences.
• Failure to appear in court or communicate important information.
• Breach of confidentiality or conflict of interest.
• Misappropriation or mishandling of client funds.
• Inadequate case preparation or investigation.

Legal malpractice cases are often complex. A knowledgeable lawyer can help assess if malpractice occurred, estimate potential damages, and guide you through the legal process.

Local Laws Overview

In New Hampshire, legal malpractice falls under civil law and is generally treated as a professional negligence claim. Specific aspects of the law include:

• Statute of Limitations: Claims must usually be filed within three years of discovering the malpractice. However, there are exceptions based on when the injury was discovered, so prompt legal advice is recommended.
• Elements to Prove: Plaintiffs must establish the existence of an attorney-client relationship, a breach of the standard of care, causation (the breach caused measurable harm), and resulting damages.
• Expert Testimony: New Hampshire courts commonly require expert testimony from another attorney to establish what the standard of care was, how it was breached, and how the breach caused harm.
• Comparative Fault: If the client is partly responsible for their own loss, their damages may be reduced in proportion to their own fault.
• Damages: Compensation typically includes direct financial losses. Emotional distress is only awarded in rare circumstances.

Frequently Asked Questions

What is legal malpractice?

Legal malpractice is when an attorney fails to perform their duties with reasonable skill or care, resulting in harm to their client. This may involve negligence, breach of contract, or unethical behavior.

How do I know if I have a legal malpractice case?

You need to show that there was an attorney-client relationship, the attorney acted negligently or breached their duty, and you suffered actual harm as a direct result. Speaking to a legal malpractice attorney can help you evaluate your potential claim.

What is the statute of limitations for legal malpractice claims in New Hampshire?

In New Hampshire, you generally have three years from the date when you discovered, or reasonably should have discovered, the alleged malpractice to file a lawsuit.

Do I need an expert witness to prove legal malpractice?

Usually, yes. Courts require expert testimony from another attorney to establish what the standard of care was and how the lawyer’s conduct fell below that standard.

Can I recover emotional damages in a legal malpractice case?

Generally, compensation is limited to financial losses directly caused by the attorney’s actions. Emotional distress damages are rarely awarded unless the attorney’s conduct was especially egregious.

What are examples of legal malpractice?

Common examples include missing deadlines, failing to prepare for trial, giving incorrect legal advice, mishandling client funds, and breaching confidentiality.

How much does it cost to hire a legal malpractice attorney?

Fees can vary. Some legal malpractice attorneys offer free consultations and may work on a contingency basis, while others charge hourly rates or flat fees. It is important to discuss fees up front.

What should I bring to my first meeting with a legal malpractice lawyer?

Bring all documents related to your case, including your agreement with the previous attorney, emails, case filings, records of fees paid, and a timeline of events.

Can I report my attorney to a disciplinary board?

Yes. Regardless of whether you pursue a malpractice claim, you can file a complaint with the New Hampshire Attorney Discipline Office if you believe your lawyer acted unethically.

What if my case was lost, but my lawyer did everything right?

Not every unfavorable outcome is legal malpractice. Lawyers are not guarantors of success, and malpractice only occurs if the lawyer acted negligently or breached their professional duty.

Additional Resources

If you are seeking more information or need to report legal malpractice, the following resources may be helpful:

• New Hampshire Bar Association: Provides resources for the public and a lawyer referral service.
• New Hampshire Judicial Branch: Offers access to court forms and information about civil litigation.
• New Hampshire Attorney Discipline Office: Handles complaints about attorney misconduct and ethical violations.
• Legal Advice and Referral Center: Offers free or reduced-cost legal help for qualifying individuals.
• State Law Library: Provides access to laws, rules, and legal research materials.

Next Steps

If you believe you have experienced legal malpractice in New Hampshire, consider the following actions:

• Document everything related to your case, including correspondence, agreements, bills, and court documents.
• Consult with a qualified legal malpractice attorney to review your situation and determine if you have a viable claim.
• Act quickly, as there are strict time limits for filing a legal malpractice lawsuit.
• Consider filing a complaint with the New Hampshire Attorney Discipline Office if your issue involves unethical conduct.
• Ask your lawyer about their experience with malpractice cases and understand their fee structure before agreeing to representation.

Taking prompt and informed action will help protect your rights and improve your chances of recovering losses due to legal malpractice.