Legal Malpractice

When you hire an attorney to represent you in either a criminal or civil matter, there is a certain standard of care you assume will be upheld. If that standard of care is not met, you might have a case for a legal malpractice action.

Guidelines for what defines legal malpractice differ by state. In general, however, legal malpractice occurs when an attorney fails to perform the way one would expect the “average” attorney to perform in a similar case. This does not include basic judgment errors. In order to have grounds for legal malpractice, you must prove either negligence, breach of contract, or violation of fiduciary duty on the part of the attorney.

In a legal malpractice case, you must first prove that an attorney-client relationship existed. In other words, you must have retained that lawyer to represent you in the specific case for which you are claiming legal malpractice. You must also show negligence on the part of the attorney, and it must also be proven that the negligent act was the cause for your injury and, finally, that the injury was serious enough to justify a case.

Proving Legal Malpractice – A Trial within A Trial

In a criminal case, a client may first have to prove his or her innocence before claiming that the actions of the defense attorney caused his or her conviction. In a civil case, the client must show that he or she would have won the case or been awarded greater damages if not for the negligent actions of the attorney. To prove these things, it is sometimes necessary to present the original case over again, known as a trial-in-a trial.

In addition to being a criminal defense attorney, Victor Rotolo is certified by the Supreme Court of New Jersey as a Civil Trial Attorney. He and the other attorneys at Rotolo Karch Law are thoroughly familiar with the laws of the State and knowledgeable about the specifics of what constitutes legal malpractice in New Jersey. As trial lawyers, they stand ready to re-try your case if necessary. Contact Rotolo Karch Law if you believe you are the victim of legal malpractice and our attorneys will evaluate the facts of your case.

Contact Us for a Free Consultation
Call Us 908-534-7900
Captcha Image
Client Reviews

The absolute BEST!!! I have a family of attorneys but needed someone local. Victor was recommended to me and words cannot describe how pleased I was with his firm. The outstanding service and attention each member of his staff gave to me surpassed any and all expectations. Victor surrounds himself with a hardworking team that he leads. I felt it was money spent wisely. I will continue to recommend Victor and his associates.


Mr. Rotolo has helped me numerous times in legal matters and has continued to support and help me through countless hardships. He is dedicated to providing the best service and is a true professional. I will continue to consult with him regarding any legal issues in the future. He is a respectable, hardworking, kind hearted man and I would recommend his legal services to anyone.

- Matthew

I am an attorney and have practiced law for 26 years. I hired Vic to handle a very difficult family matter because I do not handle family law. Vic was extremely competent and obtained a result far beyond my expectations. Without his counsel my son's and family's life would have been changed forever. Thank you Vic for your good lawyering. I very much appreciate the personal attention and time dedicated to this matter. I highly recommend Vic.

- Anthony

We recently had a situation where we needed to hire an attorney. We selected Rotolo Law Firm and I can honestly say that we were above and beyond satisfied with Vic and his team. We would absolutely recommend this firm to anyone should the need arise. We blindly picked the firm out of the phone book because I liked his ad. Now I believe that God was pointing us in the right direction. Thank you Vic and the Rotolo Law Firm for being there for us in our time of need.

- Kim

Victor's expertise, due diligence, and empathy for his client made my first experience with the law (and last) a non-stressful one. Before the case, I did my research and looked over about 20 lawyers before choosing Victor. All my sources pointed to him as the best and they weren't off even a bit. Victor treated my case like it was his own and kept me up to date with all my appointments, breakthroughs in the case, and guided me step through step in a process that I never thought that I had to come to endure. If Victor's not available Susy will go out of her way to take care you. The productivity and efficiency in that office is second to none. Thank you Victor!

- Michael