Sue Your Lawyer: Legal Malpractice & Advice for Attorneys

In order to practice law in New Jersey you need to have juris doctor degree from an accredited law school, pass the bar etc.

The problem with someone who does not have the appropriate legal background and does not have the necessary skills, knowledge or an ethical standards they can do extensive damage.

Judges and lawyers are always prepared to tell others that they are not qualified to discuss legal matters. However, when it comes to interpreting tax returns, financial statements, preparing Case Information Statements, structuring’s settlements, valuation issues and many other financial related matters, they always seem to be well qualified even though they do have the necessary training, education or experience.

This is the main reason that attorneys run into malpractice issues. Rather than spending the time and money to hire qualified experts they will interpret tax returns,valuation and financial statements based on their limited experience. 

Forensic accountants provide a critical bridge between legal issues and complex financial data, ensuring that financial evidence is accurately interpreted and effectively used in legal proceedings.

Attorneys have a Duty of Competence: Attorneys have a duty of competence, as defined by the American Bar Association and enforced by state bar associations, including New Jersey’s. This duty requires that attorneys provide competent representation to their clients, which means having the legal knowledge, skill, thoroughness, and preparation necessary for the representation. If a case requires financial expertise beyond the attorney's competence, the attorney is ethically obligated to involve an expert who is. 

Forensic accountants can play a crucial role in attorney malpractice cases, particularly those involving financial complexities. Here are some key issues where forensic accountants can provide essential assistance: 

1. Financial Analysis and Reconstruction: Forensic accountants can analyze financial documents and transactions to reconstruct financial records. This is vital in cases where there are allegations of mishandling client funds or improper billing practices.

2. Detection of Fraud and Embezzlement: They can identify and document instances of fraud or embezzlement, which might involve the misappropriation of client funds or other financial assets managed by attorneys.

3. Valuation of Damages: In cases where malpractice has led to financial loss, forensic accountants can help quantify the monetary damages. This includes calculating lost profits or other financial impacts resulting from the attorney's actions.

4. Assessment of Compliance with Professional Standards: Forensic accountants can evaluate whether attorneys have adhered to the relevant accounting and financial management standards expected within the legal profession. 

5. Expert Witness Testimony: In court, forensic accountants can serve as expert witnesses, presenting their findings clearly and effectively to help the judge or jury understand the financial aspects of the case. 

6. Support in Settlement Negotiations: Their analyses can provide strong backing in settlement negotiations, helping to ensure that any settlements are fair and adequately reflect the financial realities of the case.

7. Preparation of and interpreting business valuations

8. Review and analysis of tax returns, financial statements

9. Preparation of Case Information Statements

 If you're dealing with attorney billing issues in New Jersey, the New Jersey State Bar Association (NJSBA) and other related entities provide resources and support to help address disputes and concerns. Here’s how you can get assistance:

1. Fee Arbitration Committees: The New Jersey Supreme Court mandates a fee arbitration process to resolve disputes between clients and attorneys regarding legal fees. This process is administered by the district fee arbitration committees throughout the state. If you believe that your attorney's bill is excessive or unjustified, you can file a fee arbitration request. The arbitration process is designed to be a quicker and less expensive alternative to litigation.
   
   
2. Office of Attorney Ethics (OAE): The OAE is part of the New Jersey judiciary and is responsible for regulating attorney conduct. If your issue relates to unethical behavior concerning billing practices, you can file a grievance against the attorney. The OAE investigates complaints and can take disciplinary actions if necessary.

3. Client Protection Fund: If you've lost money due to the dishonest conduct of a New Jersey attorney in a lawyer-client relationship, such as misappropriation of funds, you might be eligible for reimbursement from the New Jersey Lawyers’ Fund for Client Protection. This fund can provide a remedy in cases where attorneys have billed for services not rendered or have stolen client funds.