There is a significant difference between an attorney not being successful pursuing claims and an attorney providing poor counsel to a client. Obtaining bad legal advice or losing a case due to your attorneys’ inactions is incredibly stressful. The consequences of legal malpractice be great and costly. For example, they can result in you losing a legal claim because your attorney failed to file a legal claims within the statute of limitations period.
Martinez, Hart, Thompson & Sanchez, P.C. is highly respected among clients as well as peers. We are here to help you review your case to determine whether an attorneys’ actions fell below the standard in New Mexico.
What is Legal Malpractice?
Under New Mexico law, legal malpractice occurs when a lawyer’s actions or inactions on a case fall below the standard of what other lawyers practicing in the same field would have done. Simply losing a case is not grounds for legal malpractice. In order for your case to be considered legitimate, you must show the actions the attorney took were negligent and fell below the standard of care. This requires comparing their actions to that of another attorney to establish whether they were considered reasonable.
You can also establish a breach of contract between you and your attorney. Much like other businesses agreements, attorneys are beholden to the terms contained within your contract. You can also show that the attorney violated the contract you signed with your attorney.
How Legal Malpractice Is Established?
Establishing that your lawyer was negligent is often complex. There exist New Mexico Rules of Professional Conduct, which serve as the benchmarks for what lawyers in New Mexico must comply. A claim of legal malpractice must be proven by presenting expert opinion testimony from other qualified lawyers. The plaintiff in a legal malpractice case needs to find another lawyer that is willing to testify that the defendant was negligent and breached the standard of legal representation held by other similar lawyers in New Mexico.
Steps to Take If You’re the Victim of Legal Malpractice
You’ll need to hire new legal counsel to help you navigate your malpractice case. Working with Martinez, Hart, Thompson & Sanchez, P.C. ensures a legal team that is attuned to your needs and invested in remedying the damages you’ve experienced.
If you’d like to schedule a consultation with our legal team, please call 505-343-1776 so we can assist you.