New Jersey Legal Malpractice Attorney
A lawyer has a duty to communicate with a client. This duty includes an obligation to listen to the client’s objectives and wishes and to consider them thoughtfully. A lawyer should not ignore a client’s wishes. If the client’s wishes are ill-conceived or inappropriate, an attorney should counsel the client accordingly. If a client’s wishes are appropriate, the lawyer should discuss with the client and determine if they are the most beneficial course of action under the circ*mstances.
An attorney is under no obligation to pursue any course of action that is unlawful or unethical. In fact, if a client asks an attorney to pursue an unlawful or unethical course of action, and the client cannot be counseled to modify his direction, the attorney has a duty to withdraw from representation.
On the other hand, the attorney is under the obligation – both contractual and ethical – to consider the client’s wishes. If the wishes are proper and lawful, the attorney cannot simply ignore them. To do so may constitute malpractice, particularly if doing so will result in the loss of rights or benefits to the client.
For more than 30 years, the Law Offices of Mark S. Guralnick have been helping clients around the country with their legal malpractice cases. If you have a legal malpractice case as a result of your attorney ignoring your wishes as a client, don’t delay. Contact us todayfor a no-fee consultation.
FAQs
If the wishes are proper and lawful, the attorney cannot simply ignore them. To do so may constitute malpractice, particularly if doing so will result in the loss of rights or benefits to the client.
Can a lawyer go against their clients' wishes? ›
A client may also have a case of malpractice if an attorney acts against their client's wishes because they believe their client is not being practical. The attorney should rather advise them of the best course of action rather than go against their wishes without their knowledge.
Which element of malpractice is hardest to prove? ›
Causation. Of these four elements of medical malpractice, causation is often the hardest to prove. It can be difficult to establish that the patient's injury would not have occurred but for the healthcare professional's negligence.
Should attorneys pursue the wishes of their clients even if they think it is not in the clients best interest? ›
If the client's wishes would result in the attorney violating the law or the rules of professional conduct, the attorney should not pursue those wishes. However, if the client's wishes are legal and ethical, the attorney must weigh the interests of the client against the interests of the third party.
Should a defense attorney pursue a client's wishes even though it would hurt a 3rd party but not be illegal? ›
Defense counsel should act zealously within the bounds of the law and standards on behalf of their clients, but have no duty to, and may not, execute any directive of the client which violates the law or such standards.
Does a lawyer have to do what the client wants? ›
Does My Lawyer Have to Do What I Say? Absolutely. Ultimately, your attorney has an obligation to discuss your options and settlement offers with you and allow you to decide the direction of the case.
Are lawyers allowed to reject clients? ›
The short answer to this is yes, an attorney can absolutely refuse to defend someone. While lawyers can refuse to defend someone, they are not likely to do so based on whether they are guilty or not guilty.
What are the 4 D's for a malpractice suit to be successful? ›
These four are Duty of Care, Deviation of Duty, Damages, and Direct Causation. Having a better understanding of these four elements will help you learn how they can influence your case and help validate your medical malpractice claim.
What are the 4 C's of malpractice? ›
The four C's of medical malpractice – compassion, communication, competence and charting – serve as a cornerstone to help doctors and other care providers navigate their interactions with patients in order to avoid medical malpractice lawsuits.
What are the four D's necessary for a malpractice suit? ›
To be successful, any medical negligence claim must demonstrate that four specific elements exist. These elements, the “4 Ds” of medical negligence, are (1) duty, (2) deviation from the standard of care, (3) damages, and (4) direct cause.
Here are the top reasons for silence: You don't have any deadlines coming up and there is nothing to report. Personal injury cases have deadlines that must be met, but they can take place months apart.
What is the most common complaint that clients have about attorneys? ›
The most common disciplinary complaints filed against lawyers are for: Neglect. Lack of communication. Misrepresentation/Dishonesty.
Do lawyers ever know their clients are guilty? ›
Although popular culture may detest the work that criminal lawyers do, the function of a lawyer is crucial in order to maintain justice and ensure fair outcomes for anyone that is facing legal charges. Truthfully, a defense lawyer almost never really knows whether the defendant is guilty or not of the charged crime.
What is the most common argument of a defense attorney? ›
One of the main categories for “common defenses” would be arguing that the defendant cannot be accused of a crime or be found guilty of an offense they did not understand or may not be aware of committing. Such defense can fall under insanity, intoxication, mistake of fact, or mistake of law.
What are three important things an attorney should have in their closing argument? ›
Whether you have multiple causes of action or just one, it is effective to (1) give an introduction, including your acknowledgments; (2) discuss the applicable burden of proof; (3) summarize all of the evidence (including any bad facts, which will be dealt with) in connection with the jury instructions; and (4) present ...
Can a lawyer defend someone they know is lying? ›
The client could be lying to cover up for someone else, or other factors may be at play. There are standards in place to keep lawyers honest: they cannot lie if they do know information pertaining to their client's legal guilt, and they also cannot offer evidence they know is false.
Can an attorney be liable in negligence to a client? ›
“[A]n attorney is liable for negligence in the conduct of his professional duties, arising only from ignorance or want of care, to his client alone—that is, to the one between whom and the attorney the contract of employment and service existed, and not to third parties.” Buckley v.
Can an attorney let a client go? ›
Attorneys who wish to drop a client have to follow certain procedures to ensure a smooth transition. The duties of lawyer to his client don't end simply because they're withdrawing representation. First, the lawyer needs to give their client formal notice of their intended withdrawal.
What happens if a lawyer knows their client is guilty? ›
However, there are strict rules in place that govern the how legal practitioners conduct themselves when faced with such a dilemma. Can a Criminal Lawyer Defend Someone They Know is Guilty? A criminal lawyer can defend someone they know is guilty as long as they do not lie or knowingly mislead the court.
Do lawyers have to listen to their clients? ›
To provide the best representation possible, lawyers must listen attentively to their clients and be responsive to their needs. This requires open dialogue and a mutual understanding between the lawyer and the client.
