Legal Malpractice in Case Preparation
Part of what makes a successful attorney is the amount of investigation and preparation they put into their cases. In fact, attorneys are required by law to adequately investigate and prepare their clients cases, a process known as "due diligence." Otherwise, their client could suffer damages that could have been avoided if their lawyer had properly prepared their case, resulting in a different outcome. Due diligence is required in any legal case, but can have different effects depending on the type of case in question.
Due Diligence in Civil Litigation & Criminal Law
In civil litigation, the plaintiff must be able to provide evidence that they have been wronged and are in need of relief from the other party. The defendant may provide evidence that they are not liable and therefore should not have to pay compensation. The only way either party can provide such evidence is through due diligence, where the attorneys investigate their clients cases and gather as much evidence as possible to meet their clients' needs.
Criminal law cases are different. Due diligence requires that the prosecution extensively investigate and prepare valid evidence to prove that the defendant is guilty. For the defendant, their lawyer must prepare valid evidence to prove that their client is innocent of the charges against them. Failure to provide due diligence can result in an unjust outcome for the case and may require a retrial to resolve the matter, as well as a legal malpractice claim to recover any damages the victim has suffered.
Speak with a Legal Malpractice Attorney Today
The Law Offices of Ronald C. Burke, Esq. can provide the legal counsel and representation you need after suffering damages because of lack of due diligence. Do not allow a negligent attorney to get away with poor preparation and investigation of your case. Our firm has over 30 years of experience and can recover your damages, having won many multi-million-dollar settlements and verdicts in malpractice and personal injury cases. Your case will be handled directly by Mr. Burke himself, so don't wait. Contact the New York legal malpractice attorney from our firm as soon as possible!