Safeguarding You from Lawyer Error in New York State
- Do You Believe That Your Lawyers Failed To Properly Represent You?
- Was Your Case Dismissed Because Your Lawyer Failed To Follow The Rules?
- Do You Need To Sue Your Lawyers Because They Were Negligent?
The legal malpractice lawyers at De Caro & Kaplen, LLP have successfully represented victims of accidents for over 30 years. If your case was dismissed because your lawyers failed to do their job properly, thereby depriving you of the right to seek proper compensation for your personal injuries, then you need to consult with our experienced legal malpractice lawyers.
We have successfully handled cases against legal professionals who have failed to properly represent their clients. We can represent you for legal malpractice within New York City including in the Bronx, Brooklyn, Manhattan, Staten Island and Queens as well as throughout New York state including Albany, Buffalo, Long Island, Nassau, Rockland, Suffolk, Syracuse, Westchester and surrounding areas.
Prominent Examples of Legal Malpractice Include:
- Failure to timely start a law suit
- Failure to timely file all necessary papers with the court
- Failure to sue the proper parties
- Failure to properly serve legal papers
- Failure to obtain proper expert witness
- Failure to comply with Court imposed time deadlines
- Failure to comply with discovery orders
If your case has been dismissed because of lawyer error, then you may be able to bring a lawsuit against your former attorney.
It Is Important That You Consult With A Legal Malpractice Attorney Before You Agree To Any Settlement With Your Current Attorney.
At De Caro & Kaplen, LLP we believe that legal professionals, like all professionals, must be held accountable for their errors. Because of our knowledge and experience in accident and injury cases, we understand the right way of doing things and the tragic consequences of attorney errors. We also understand the value of your case. We are prepared to assist you if your lawyer or attorney has committed legal malpractice.
We Do Not Collect a Fee Unless We Are Successful
Your access to justice is not compromised or dependent upon your financial situation. We do not charge a fee unless we are successful at the conclusion of your case. This is called the contingency fee agreement and allows the courtroom to be accessible to all. Under this system, an injured person and their family can afford to retain the most qualified attorney to pursue their rights.
Legal Malpractice Attorneys with a Nationwide Reputation
For over 30 years we have successfully obtained multimillion dollar verdicts and settlements for our clients. Our results have been reported in leading newspapers, television news programs and in legal periodicals. Our cases have been reported in the New York Times, New York Daily News, New York Post, Newsday, on the Associated Press wire services, on CBS news, NBC news, ABC news, Fox News and on radio stations, television networks, and newspapers throughout the country.
We are proud that are senior partner, Michael Kaplen has delivered lectures on legal ethics to many legal organizations and advocacy groups including the Association of Trial Lawyers of America, the Brain Injury Association of America, the North American Brain Injury Association and the Brain Injury Association of New York State. Michael Kaplen has also taught courses in Trial Practice as well as Law & Medicine at St. John’s University School of Law. He has served as co chair of the Tort Section of the New York County Lawyer’s Association.
Statement of Client Rights in New York State
- You are entitled to be treated with courtesy and consideration at all times by your lawyer and the other lawyers and personnel in your lawyer’s office.
- You are entitled to an attorney capable of handling your legal matter competently and diligently, in accordance with the highest standards of the profession. If you are not satisfied with how your matter is being handled, you have the right to withdraw from the attorney-client relationship at any time (court approval may be required in some matters and your attorney may have a claim against you for the value of services rendered to you up to the point of discharge).
- You are entitled to your lawyer’s independent professional judgment and undivided loyalty uncompromised by conflicts of interest.
- You are entitled to be charged a reasonable fee and to have your lawyer explain at the outset how the fee will be computed and the manner and frequency of billing. You are entitled to request and receive a written itemized bill from your attorney at reasonable intervals. You may refuse to enter into any fee arrangement that you find unsatisfactory.
- You are entitled to have your questions and concerns addressed in a prompt manner and to have your telephone called returned promptly.
- You are entitled to be kept informed as to the status of your matter and to request and receive copies of papers. You are entitled to sufficient information to allow you to participate meaningfully in the development of your matter.
- You are entitled to have your legitimate objectives respected by your attorney, including whether or not to settle your matter (court approval of a settlement is required in some cases).
- You have the right to privacy in your dealings with your lawyer and to have your secrets and confidences preserved to the extent permitted by law.
- You are entitled to have your attorney conduct himself or herself ethically in accordance with the Code of Professional Responsibility.
- You may not be refused representation on the basis of race, creed, color, religion, sex, sexual orientation, age, national origin or disability.
What a jury is told about attorney and legal malpractice in the State of New York
An attorney who undertakes to represent a client impliedly represents that he or she possesses a reasonable degree of skill, that he or she is familiar with the rules regulating practice in actions of the type which he or she undertakes to bring or defend and with the principles of law in relation to such actions as are well settled in the practice of law, and that he or she will exercise reasonable care. Reasonable care means that degree of skill commonly used by an ordinary member of the legal profession. However, an attorney is not a guarantor of the result of the case. Moreover, if an attorney points out to the client the nature of the risks involved in a certain course of procedure and the client elects to follow that course, the attorney is not responsible for the consequences.
If you believe that you have been a victim of legal malpractice, then contact the New York legal malpractice attorneys at De Caro & Kaplen, LLP, for a free, no obligation consultation. You can contact us toll free at 1 866 272 4652 or 1 914 747 4410 or e mail us at Michael@brainlaw.com