Best Legal Malpractice Lawyers in Tarrytown

About Legal Malpractice Law in Tarrytown, United States

Legal malpractice generally means that an attorney failed to provide competent or ethical representation and that failure caused harm to the client. In Tarrytown, which is in Westchester County, New York, legal malpractice claims are governed by New York state law and decided in state courts unless there is a federal question. A legal malpractice claim can arise from negligent handling of a case, conflicts of interest, breach of fiduciary duty, violations of the retainer agreement, fraud, or other serious breaches of the attorney-client relationship.

There are two separate tracks to consider - civil claims for money damages and disciplinary or grievance complaints to the body that regulates lawyers. A successful civil legal malpractice lawsuit seeks monetary compensation for losses caused by the lawyer. A disciplinary complaint asks the regulator to investigate ethical violations and can lead to sanctions such as reprimand, suspension, or disbarment. Both paths are available but pursue different goals.

Why You May Need a Lawyer

Legal malpractice matters are legally and technically complex. You may need a lawyer if any of the following situations apply:

- An attorney missed a critical deadline such as a statute of limitations or filing deadline that caused you to lose a case or claim.

- Your lawyer gave incorrect legal advice that led you to accept a bad settlement or make a harmful decision.

- A conflict of interest or divided loyalty prevented your attorney from acting in your best interest.

- Your attorney failed to follow your instructions in a way that harmed your case or financial position.

- Documents were drafted incorrectly - for example a will, contract, real estate closing, or business agreement that resulted in losses.

- Your criminal defense attorney failed to preserve an important appeal issue or provide competent defense, leading to conviction or harsher sentence.

- You suspect your attorney committed fraud, misappropriated funds, or engaged in other intentional wrongdoing.

- You want to file a grievance to pursue disciplinary action while also exploring civil recovery.

Because legal malpractice claims require proving technical issues such as the standard of care and causation, an experienced malpractice attorney is usually necessary to evaluate and pursue the matter effectively.

Local Laws Overview

Key local and state legal topics to understand when considering a legal malpractice matter in Tarrytown include the following.

- Governing law - Legal malpractice claims in Tarrytown are governed primarily by New York state law. If your underlying matter involved federal law, some aspects of causation and remedies could involve federal rules, but the malpractice tort remains state-based.

- Venue - Civil legal malpractice suits are typically filed in state trial court - in Westchester County that means the New York State Supreme Court sitting in the county where the malpractice occurred or where the defendant resides. Federal court is an option only if a federal question or diversity jurisdiction applies.

- Statute of limitations - In New York, negligence-based legal malpractice claims often must be commenced within three years from the date the malpractice action accrued, with accrual typically measured by when the plaintiff discovered, or with reasonable diligence should have discovered, the injury caused by the attorney. If the claim is framed as a breach of contract against the lawyer, a six-year statute of limitations commonly applies. Discovery rules, tolling, and special doctrines such as continuous representation can affect timing, so early evaluation is crucial.

- Elements to prove - A plaintiff normally must show the existence of an attorney-client relationship or clear duty, a breach of the applicable standard of care, proximate causation linking the breach to the client’s loss, and measurable damages. New York courts usually require expert testimony to establish standard of care and causation, except in cases where the professional negligence is within common knowledge.

- Burden of proof and damages - The plaintiff must prove malpractice by a preponderance of the evidence. Recoverable damages include out-of-pocket losses, lost opportunities such as claims extinguished by missed deadlines, consequential damages, and sometimes punitive damages if fraud or intentional misconduct occurred.

- Defenses - Common defenses include lack of causation, comparative negligence by the client, consent or informed waiver, expiration of the statute of limitations, and proof that an alternative attorney could have produced the same result.

- Administrative complaints - Separate from a civil suit, complaints about attorney ethics are handled by the New York appellate court system through disciplinary committees. Filing a grievance can lead to sanctions but does not provide direct compensation for financial loss.

- Insurance and fee issues - Many attorneys carry professional liability insurance which may fund settlements or judgments. Fee disputes may be handled through fee arbitration programs offered by local bar associations in Westchester County.

Frequently Asked Questions

What is legal malpractice and how is it different from dissatisfaction with results?

Legal malpractice is a legal claim that an attorney failed to met the applicable standard of care or breached a duty to the client and that failure caused measurable harm. Not every poor result or lost case is malpractice. To be malpractice, there must be a breach of professional duty and a causal link to the client’s damages - mere dissatisfaction with the outcome is not enough.

How long do I have to sue an attorney in Tarrytown?

Timing depends on the legal theory. Negligence-based malpractice claims in New York are typically subject to a three-year statute of limitations measured from accrual or discovery. Contract-based claims commonly have a six-year limitation. Because discovery rules, tolling, and special doctrines can change accrual dates, you should consult a malpractice lawyer promptly to protect your rights.

Do I need an expert witness to prove legal malpractice?

In most New York legal malpractice cases, expert testimony is required to establish the standard of care and to show how the lawyer’s conduct deviated from that standard. There are limited exceptions for mistakes that are within common knowledge of laypersons. An experienced malpractice attorney can evaluate whether an expert will be needed and identify the right expert for your situation.

Can I file a disciplinary complaint instead of a lawsuit?

You can and often should consider both options. A disciplinary complaint to the appropriate disciplinary authority can prompt an investigation and possible sanctions for attorney misconduct. However, disciplinary proceedings do not award money damages to the client. If you want compensation for losses, you need to pursue a civil malpractice claim in court.

What kinds of damages can I recover in a malpractice case?

Recoverable damages typically include actual financial losses, lost settlement opportunities, diminished value of an estate or business interest, and other direct or consequential losses caused by the lawyer’s actions. In rare cases involving fraud or intentional wrongdoing, punitive damages may be available. Damages must generally be proven with evidence linking them to the attorney’s breach.

Can I sue my lawyer for malpractice if I lost my case?

Not automatically. Losing a case by itself does not prove malpractice. You must show that your attorney breached the standard of care or committed an ethical violation that caused a worse result than would have occurred with competent representation. In some situations, expert testimony can show that a different strategy would likely have led to a better outcome.

What defenses will an attorney raise against a malpractice claim?

Typical defenses include lack of causation, contributory or comparative negligence by the client, informed consent or client instruction to take the action in question, expiration of the statute of limitations, and proof that the outcome would have been the same even with competent representation. Attorneys also often assert that the client failed to mitigate damages.

Can I recover if my lawyer misappropriated my funds?

Yes. Misappropriation or theft by an attorney is both an ethical violation and tortious conduct. You may be able to recover by suing the attorney, seeking reimbursement from a client protection fund, and filing a criminal report. In New York there is a state lawyers’ fund for client protection that may reimburse clients in certain theft cases, although eligibility and processes vary.

How much does a legal malpractice case cost and how are lawyers paid?

Malpractice cases can be expensive because they often require expert witnesses and extensive document review. Many malpractice attorneys work on contingency-fee arrangements, where the lawyer receives a percentage of the recovery. Others may require a hybrid of reduced hourly fees plus a contingency. Discuss fee structure, costs, and who pays experts before retaining counsel.

What documents and evidence should I gather if I suspect malpractice?

Keep your engagement letter or retainer agreement, all correspondence and emails with the lawyer, court filings and orders, notes of conversations, billing records, settlement offers, and any documents showing losses. Preserve originals and avoid altering records. Early preservation and a clear chronology of events will help your lawyer evaluate causation and damages.

Additional Resources

When seeking help for legal malpractice issues in Tarrytown, consider the following local and state resources for information, grievance filing, or referrals to qualified attorneys.

- Westchester County Supreme Court - for filing civil actions and local court procedures.

- New York State Appellate Division - the court system that oversees attorney discipline through departmental disciplinary committees.

- New York State Bar Association - offers ethics guidance, publications, and directories to find qualified malpractice counsel.

- Westchester County Bar Association - local bar resources, lawyer referral services, and fee arbitration programs.

- New York State Lawyers’ Fund for Client Protection - may provide reimbursement in certain cases involving lawyer theft or misappropriation.

- Lawyer referral services and local legal aid organizations - for people with limited resources who need initial guidance or representation.

Next Steps

If you believe you have been harmed by an attorney in Tarrytown, follow these practical steps:

- Act quickly - identify potential statute of limitations issues and preserve your right to sue by contacting a lawyer promptly.

- Gather documents - assemble your engagement letter, correspondence, court papers, billing records, and any evidence of loss or missed opportunities.

- Get an initial evaluation - consult a lawyer who specializes in legal malpractice. Many firms offer a free or low-cost initial review to assess whether you have a viable claim.

- Consider expert review - ask the prospective malpractice attorney whether they will arrange a case review by a legal expert to evaluate standard of care and causation.

- Decide on remedies - determine whether you want to pursue a civil claim for damages, file a disciplinary complaint, or both. Discuss timing, costs, and likely outcomes with counsel.

- Preserve communications - do not destroy records and avoid posting details on social media. Keep written notes of all conversations and steps you take to mitigate losses.

- Consider settlement - many malpractice cases resolve through negotiation or mediation. Your attorney will help calculate damages and pursue the best resolution for your circumstances.

Facing potential legal malpractice is stressful, but acting promptly and working with experienced counsel will give you the best chance of preserving your rights and obtaining fair compensation or other remedies.