Clients often come to speak with a legal malpractice attorney, and concentrate on the mistakes made by their attorney. While there can be many mistakes, not all of them lead to a successful case. Here is an example of many mistakes in a NJ case in which, at the end, there may be no provable damages. In VERDURE ASSET CORP., v. JONATHAN WHEELER, ESQ., THE LAW OFFICES OF JONATHAN WHEELER, P.C., Defendants, , the SUPERIOR COURT OF NEW JERSEY ,
APPELLATE DIVISION worked its way through a long list of mistakes, possible kickbacks, spoliation and other problems to come to this conclusion:
"Therefore, we are convinced that there is a genuine issue of material fact as to whether Verdure suffered any monetary loss due to the damage to the truck repair shop. That issue cannot be resolved as a matter of law. We reject defendants’ contention that the order granting summary judgment should be affirmed on this alternative basis."