Item: Kearns Rotolo Law
Rating: 5
Author: - Lynn

Legal Malpractice

When you hire an attorney to represent you in either a criminal or civil matter, there is a certain standard of care you assume will be upheld. If that standard of care is not met, you might have a case for a legal malpractice action.

Guidelines for what defines legal malpractice differ by state. In general, however, legal malpractice occurs when an attorney fails to perform the way one would expect the “average” attorney to perform in a similar case. This does not include basic judgment errors. In order to have grounds for legal malpractice, you must prove either negligence, breach of contract, or violation of fiduciary duty on the part of the attorney.

In a legal malpractice case, you must first prove that an attorney-client relationship existed. In other words, you must have retained that lawyer to represent you in the specific case for which you are claiming legal malpractice. You must also show negligence on the part of the attorney, and it must also be proven that the negligent act was the cause for your injury and, finally, that the injury was serious enough to justify a case.

Proving Legal Malpractice – A Trial within A Trial

In a criminal case, a client may first have to prove his or her innocence before claiming that the actions of the defense attorney caused his or her conviction. In a civil case, the client must show that he or she would have won the case or been awarded greater damages if not for the negligent actions of the attorney. To prove these things, it is sometimes necessary to present the original case over again, known as a trial-in-a trial.

In addition to being a criminal defense attorney, Victor Rotolo is certified by the Supreme Court of New Jersey as a Civil Trial Attorney. Anthony Kearns, Victor Rotolo, and the other attorneys at Kearns Rotolo Law are thoroughly familiar with the laws of the State and knowledgeable about the specifics of what constitutes legal malpractice in New Jersey. As trial lawyers, they stand ready to re-try your case if necessary. Contact Kearns Rotolo Law if you believe you are the victim of legal malpractice and our attorneys will evaluate the facts of your case.

★★★★★

I was very proud to be represented by Tony and felt secure at a time I needed a compass to head out of a difficult bind. Confidence in your counsel and a sense of security in understanding how best to proceed are important reasons to consider Anthony Kearns and his team of outstanding lawyers.

- Lynn

Tony was excellent! He was knowledgeable, responsive and on-time. His experience as a County Prosecutor definitely helped our case as he knows how the legal system works and how to navigate. I highly recommend Tony and his office.

- Matt

Thankfully I found Kearns Rotolo Law and I had a wonderful experience working with Charles Rifici on a difficult divorce/child custody issue. I am so grateful for all the work and guidance he provided. He always took his time and diligently went through all my options with me so I could make the decisions that benefitted my family and I. I will be forever thankful for the top notch services he provided.

- Cinthya

In March of 2022 I contacted Kearns Rotolo Law Firm with an urgent problem, Mr. Kearns and Mr. Rotolo contacted me immediately to give me hope as to rectify my problem. The end result was Mr Kearns was able to solve my issue through extreme professionalism, I am very grateful I found Kearns Rotolo Law firm and I would recommend their law firm to anyone that has a less extreme problem or a more complex problem, I am very grateful for their services.

- Bill

I met with Mr. Kearns yesterday about a devastating situation affecting our family. Mr. Kearns and his entire staff made us feel extremely comfortable and showed our family a compassionate side that gave us comfort in the most uncomfortable of situations. Thank you very much. God Bless.

- Christian

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