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Failure to Consult Internet May Result in Legal Malpractice

By Jonathan Bick

As the Internet continues to penetrate every aspect of the law, lawyers who would overlook the Internet do so at their peril. Attorneys on various Internet sites have already suggested that not making use of the Internet when confronted with particular legal matters amounts to malpractice. Certain state court rules, such as New Jersey, make the failure to file via the Internet tantamount to failure to timely file, which is a common basis for legal malpractice.

Legal malpractice most commonly results from negligence or a breach of fiduciary duty by an attorney that causes harm to his or her client. Actionable legal malpractice requires the injured party to show that the attorney's acts were the result of errors that no reasonable attorney would make.

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