Syracuse, NY asked in Legal Malpractice for New York

Q: My attorney made a mistake with my case filing but I think it was just a minor oversight that won't affect the outcome

of my case. Does that still qualify as legal malpractice? It did inconvenience me.

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2 Lawyer Answers
Edward X. Clinton, Jr
Edward X. Clinton, Jr pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Legal Malpractice Lawyer
  • Chicago, IL

A: Nope. To be malpractice the error must be significant enough to affect the outcome. Usually, you have to prove that you lost the case as a result of the error. If the error is tiny and can be corrected, there was no malpractice.

Tim Akpinar
Tim Akpinar
  • Little Neck, NY
  • Licensed in New York

A: If you yourself are saying the mistake is not going to affect the outcome, it appears that there aren't damages. Damages would be an element of such a case.

Tim Akpinar

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