Holding Attorneys Accountable for Poor Legal Decisions
Lawyers are expected to use sound judgment, legal knowledge, and strategic planning when representing their clients. While not every loss is malpractice, an improper case strategy that no reasonably competent lawyer would have pursued can amount to legal malpractice.
At The C. Paul Law Firm P.C., we represent clients in [City] and across New York who were harmed by attorneys that used reckless, careless, or uninformed legal strategies. If your case was weakened or lost because of poor decisions by your lawyer, we can help you pursue justice.
Call today for a free consultation: (212) 551-PAUL
What is Improper Case Strategy?
Improper case strategy occurs when a lawyer makes tactical or legal decisions that fall below the standard of care required in New York. These are not just differences in opinion — they are decisions so unreasonable that they harm the client’s case.
Common Examples of Improper Case Strategy
| Strategic Error | Example | Legal Impact |
| Pursuing Weak Claims | Filing claims without evidence or legal basis | Case dismissed, sanctions possible |
| Failure to Present Key Evidence | Ignoring documents, witnesses, or expert testimony | Client’s case severely weakened |
| Misjudging Settlement Value | Advising client to accept far less than case is worth | Loss of rightful compensation |
| Ignoring Strong Defenses | Not raising legal defenses available under law | Client loses despite available protections |
| Poor Trial Preparation | Entering trial without exhibits, witnesses, or strategy | Adverse verdict for client |
Proving Improper Case Strategy in New York
To establish malpractice, clients generally must prove:
- Attorney-Client Relationship – You retained the attorney.
- Breach of Duty – The attorney pursued an unreasonable or negligent strategy.
- Causation – The poor strategy harmed your case or outcome.
- Damages – You suffered financial or legal losses.
Damages for Victims of Improper Case Strategy
If you were harmed by an attorney’s poor strategic choices, you may be entitled to recover damages for:
- Value of lost or weakened claims
- Financial losses caused by the malpractice
- Additional costs of repairing the damage with new counsel
- Wasted legal fees
- Emotional distress caused by betrayal of trust
Frequently Asked Questions
Is every bad legal decision malpractice?
No. Malpractice requires proof that the strategy was not just unsuccessful but unreasonable under professional standards.
What if my lawyer advised me to settle too early?
If the settlement was far below the case’s value and due to poor advice, you may have a malpractice claim.
Can I sue if my lawyer failed to present key evidence?
Yes. Failing to present available evidence that would have changed the outcome may amount to malpractice.
How long do I have to file a malpractice claim in New York?
Generally 3 years from when the malpractice occurred or was discovered.
Serving [City] and the Greater New York Area
We represent clients across [City], Manhattan, Queens, Brooklyn, the Bronx, and throughout New York who suffered due to improper legal strategies by their attorneys.