Albuquerque Legal Malpractice Attorneys
Serving Clients Throughout the State of New Mexico
There is a significant difference between an attorney not being successful in 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 are great and costly. For example, they can result in you losing a legal claim because your attorney failed to file a legal claim within the statute of limitations period. Our legal malpractice attorneys in Albuquerque are committed to providing clients with the skilled counsel they deserve.
Martinez, Hart, Sanchez & Romero is highly respected among clients as well as peers. We are here to help you review your case to determine whether an attorney’s actions fell below the standard in New Mexico. Call (505) 806-1780 today.
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.
-
"I can't seem to say enough about the people at this law firm. I was treated with the greatest experience ever. My case wasn't a very large case, but, non the less I was treated with the upmost respect and treatment of a huge case."Christopher C.
-
"Not only are they highly competent, ethical, smart and efficient, they are very kind. They have provided the best representation and assistance imaginable and I would, without any reservation whatsoever, highly recommend this law firm."Dorian D.
How Is Legal Malpractice 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.
What Are Some of the Other Grounds in Legal Malpractice Cases?
Not all malpractice cases involve negligence.
There are many grounds that can serve as the basis for a malpractice case:
- Fraud – Fraud occurs when an attorney hides certain facts or information involving the case from his or her client. Concealing information can affect the outcome of the case if the client takes action without having all available information to make a reasonable decision.
- Breach of Fiduciary Duty –As a fiduciary of their clients, attorneys are bound by ethics which ensure a trustworthy relationship. Fiduciary breaches often occur when an attorney has a conflict of interest in a case. The attorney may make decisions in his or her own best interest rather than in the best interest of the client.
- Negligent Misrepresentation – Similar to acts of fraud, misrepresentation occurs when a legal professional misrepresents certain facts or information in an attempt to get the client to take a specific action.
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, Sanchez & Romero 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) 806-1780 or contact us online so we can assist you.
"Not only are they highly competent, ethical, smart and efficient, they are very kind. They have provided the best representation and assistance imaginable and I would, without any reservation whatsoever, highly recommend this law firm."Dorian D.
Martinez, Hart, Sanchez & Romero, P.C. is a local law firm with local and national recognition for having the expertise to handle the toughest cases. Over a century ago, David B. Martinez’s grandparents realized their dream of building a general store at the corner of Rio Grande and Indian School. “A century later, David B. Martinez and F. Michael Hart built this law firm on the same corner of Rio Grande and Indian School where David’s family had built their general store.” The corner of Rio Grande and Indian School is now home to Martinez, Hart, Sanchez & Romero, P.C., which holds the same dedication to serving the needs of the surrounding community.