How can I bring legal malpractice claim in New York?
Full Question:
Answer:
In order to prove legal malpractice, it must be shown that the attorney failed to conform to the standards of the profession in the local area, and that such failure to uphold the duties imposed by the standards of the profession caused harm to the client. Specifically in New York, to establish a prima facie case of legal malpractice under New York law, the plaintiff must prove: (1) the negligence of the attorney; (2) that such negligence was the proximate cause of the plaintiff's injury, and (3) that but for the attorney's negligence, the plaintiff would have been successful in the underlying action. See, e.g., C&F Pollution Control Inc. v. Fidelity and Cas. Co. of New York, 222 A.D.2d 828, 653 N.Y.S.2d 704 (3d Dept. 1995); Franklin v. Winard, 199 A.D.2d 220, 606 N.Y.S.2d 162 (1st Dept. 1993) (both applying tri-partite test).
In New York, there is a three year statute of limitations in legal malpractice actions.
