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Professional Malpractice

Maselli, Mills & Fornal, P.C. provides representation to individuals and businesses that have been financially harmed as a result of the negligence of an attorney or accountant rendering services. It is rare that competent, effective professionals make mistakes, and it is even more rare that mistakes made cannot be corrected without any harm to the client.

If you believe that you or your business has been financially harmed by the negligence of a legal or accounting professional, please contact Maselli, Mills & Fornal, P,C, who will evaluate your case.

Legal Malpractice

Most attorneys in New Jersey are competent, effective professionals and render services to their clients that meet professional standards. Unfortunately, some lawyers are sloppy and make mistakes. Good, diligent and effective attorneys also make mistakes, it just happens. Lawyers are busy and sometimes miss minor details that can result in adverse consequences to their clients.

New Jersey attorneys in New Jersey in most instances have legal malpractice insurance policies to cover their mistakes. Lawyers practicing as a limited liability company, limited liability partnership or professional corporation are required to have legal malpractice insurance policies.

At Maselli, Mills & Fornal, P.C., we represent clients who have been damaged by the conduct, or lack of action, by their prior attorney in the handling of their legal matters.

  • Common attorney mistakes include:
  • Failing to meet a deadline imposed by a statute or court rule or court order resulting in adverse consequences to the client
  • Failing to gather the evidence necessary to prove a client’s case at trial, including the failure to get expert witnesses to provide expert opinions
  • Failure to properly draft a legal document
  • Failure to diligently provide services which causes a delay that harms the client
  • Failure to protect the client’s interest due to a conflict of interest or an allegiance to another client
  • Participating with someone who uses undue influence to alter the estate planning of a parent or relative in a manner that is adverse to the client
  • Failure to know the specific area of law pertaining to the matter being handled for the client

In New Jersey, a party has six years from the date that the party was damaged as a result of the mistake taking place. For example, an attorney may fail to get an expert witness to render an expert opinion in a case and the case is later dismissed. The party is damaged on the day that the case is dismissed. The six-year deadline begins to run when the case is dismissed. Even if the court’s decision to dismiss the case is appealed, the six-year deadline is not extended to completion of the appeals process.

In certain instances involving personal injuries, the deadline may be two years.

Please contact Maselli, Mills & Fornal, P.C. if you think that your lawyer has committed legal malpractice that has caused you financial harm.

Accounting Malpractice

Like attorneys, most accountants in New Jersey are competent, diligent and effective in providing services to their clients. Sometimes, unfortunately, mistakes are made.

Typical errors made by accountants which can cause financial harm to clients include:

  • Providing inaccurate tax advice which results in interest, penalties and possibly additional taxes
  • Failure to advise the client of tax-savings options and strategies which results in the imposition of additional tax or the reduction in a refund
  • Failure to file tax documents within a deadline imposed by the taxing authorities
  • Failure to provide accurate advice on financial aspects of retirement plans, business restructuring and other business-related requirements
  • Failure to keep proper financial books and records resulting in the imposition of additional taxes or penalties and adversely affecting the result of a government tax audit

In New Jersey, an accountant may also be liable to someone who is not the accountant’s client where the accountant knew that the information gathered and presented by the accountant would be made available to others who would rely upon it. For example, an accountant who prepares financial statements for a company with the specific purpose of providing that information to potential investors could be held liable to one who relies upon faulty and inaccurate financial information presented by the accountant.

In New Jersey, a party has six years from the date that the party was damaged as a result of the accounting mistake.

Please contact Maselli, Mills & Fornal, P.C. if you think that your lawyer has committed legal malpractice that has caused you financial harm.

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