Legal Malpractice

When you hire a lawyer, you place your trust in their skill, professionalism, and commitment to your case. However, even expert lawyers can make critical errors, failing to provide the professional level of care you were expecting.

The consequences of legal malpractice can be far-reaching and devastating. When an attorney’s negligence results in a lost case, missed deadlines, or inadequate representation, clients may face financial losses, missed opportunities, and prolonged legal disputes that could have been avoided with proper representation.

Legal malpractice occurs when an attorney fails to provide competent representation to their client, resulting in direct harm to both the client and their case. In Maryland, attorneys have a duty to provide representation that meets the standard of care expected of a reasonably competent attorney acting under similar circumstances. A breach of this duty extends beyond simple mistakes—it involves a fundamental failure to provide the professional obligations that clients have a right to expect.

Many law firms are reluctant to sue fellow lawyers, making it difficult to find qualified representation willing to take on these cases. However, the legal malpractice attorneys at Silverman Thompson have the expertise and commitment to hold lawyers accountable when they fail to meet these standards.

Acts of legal malpractice can occur in virtually any area of law and can take many forms. Understanding these common forms of error can help you identify whether you may have a claim:

  • Procedural Errors
    • Missed deadlines
    • Failure to file proper court documents
    • Failure to appear for scheduled proceedings
    • Failure to properly serve defendants or other parties

  • Substantive Mistakes
    • Inadequate case preparation or investigation
    • Failure to identify potential causes of action
    • Failure to obtain crucial evidence or testimony
    • Failure to understand or apply the law correctly
    • Improper or incorrect legal guidance

  • Ethical Violations
    • Breach of confidentiality
    • Improper handling of client funds
    • Conflicts of interest
    • Failure to communicate with clients

This list is not exhaustive. Many other acts or omissions may constitute legal malpractice.

Legal malpractice cases present unique challenges that set them apart from other types of claims. These cases typically require expert testimony from legal professionals practicing in the same area of law to establish a standard of care and whether your attorney breached that standard.

Additionally, Maryland follows the “case within a case” doctrine, which means you must prove not only that your attorney was negligent, but also that you would have won your original case if properly represented. A bad outcome or one that is worse than expected is not enough. It must be shown that the attorney’s specific actions or omissions directly caused the unfavorable result and that a competent attorney would have achieved a better outcome under the same circumstances.

Senior Partner Andrew G. Slutkin leads the firm’s legal malpractice department and has over 30 years of experience litigating high-stakes, complex legal malpractice matters against many top lawyers or firms.

As Silverman Thompson’s general counsel, Mr. Slutkin brings unique insight into the challenges law firms face and the strategies used to address them. This expertise, combined with his regular lectures on legal malpractice prevention, gives him an unparalleled understanding of where attorneys commonly fall short of professional standards.

Mr. Slutkin is assisted by Partner Ethan S. Nochumowitz, who has more than a decade of experience successfully prosecuting these matters. Together, Mr. Slutkin and Mr. Nochumowitz form an expert team that consistently achieve exceptional results when representing clients who have been harmed by an attorney’s misconduct.

Contact Our Team

If you believe you have been the victim of legal malpractice, we invite you to contact us or call our office toll-free at 800.385.2243 for a complimentary consultation to see how we can make a difference for you. The legal malpractice team at Silverman Thompson is here to provide the competent representation you deserve.

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