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It sounds like what has happened here is your attorney has committed malpractice by not submitting the expert witness to the court as required before the deadline. This means you are now going to have to sue the attorney for all of your losses in this case because it was his duty to properly represent you and file things in a timely manner. This is a civil litigation
, not a criminal matter.
A legal malpractice action is rooted in the tort
of negligence and "accrues when an attorney's breach of professional duty proximately causes a plaintiff's damages." Grunwald v. Bronkesh
, 131 N.J.
483, 492 (1993). The requisite elements of a legal malpractice claim require the plaintiff to demonstrate: (1) the existence of an attorney-client relationship, which creates a duty of care upon the attorney; (2) breach of the duty by the attorney; and (3) proximate causation of actual damages. Conklin v. Hannoch Weisman
, 145 N.J.
395, 416 (l996); Sommers v. McKinney
, 287 N.J. Super.
1, 10 (App. Div. 1996).
In your case the attorney had a legal duty to abide by the court order and also to properly represent you and he failed to do either and as such is negligent in breaching that professional duty. You should also have a legal expert to testify as to what his professional duty and standard of care he should have exercised should have been.
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