Brach, Eichler, Rosenberg, Silver, Bernstein, Hammer & Gladstone, PC v. Ezekwo, 345 N.J. Super. 1 (App. Div. 2001) [October 22, 2001]:

To prevail on a claim of legal malpractice, a plaintiff must prove the existence of an attorney-client relationship that gives rise to a duty of care, the breach of such duty, and proximate causation. See DeAngelis v. Rose, 320 N.J.Super. 263, 274, 727 A.2d 61 (App.Div.1999). Generally speaking, a lawyer is required to exercise that “degree of reasonable knowledge and skill that lawyers of ordinary ability and skill possess and exercise.” St. Pius 253 X House of Retreats v. Camden Dioc., 88 N.J. 571, 588, 443 A.2d 1052 (1982). Furthermore, the party asserting malpractice must, under New Jersey case law, present expert testimony that establishes the standard of care against which the attorney’s actions are to be measured. See Rosenberg v. Cahill, 99 N.J. 318, 325, 492 A.2d 371 (1985); Sommers v. McKinney, 287 N.J.Super. 1, 10-11, 670 A.2d 99 (App.Div. 1996); Aldrich v. Hawrylo, 281 N.J.Super. 201, 214, 656 A.2d 1304 (App.Div.1995); Brizak v. Needle, 239 N.J.Super. 415, 431-32, 571 A.2d 975 (App.Div.1990).

Exceptions to the expert testimony requirement may be made where the questioned conduct presents such an obvious breach of an equally obvious professional norm that the fact-finder could resolve the dispute based on its own ordinary knowledge and experience and without resort to technical or esoteric information, see Rosenberg, supra, 99 N.J. at 325, 492 A.2d 371; Sommers, supra, 287 N.J.Super. at 10-11, 670 A.2d 99; Aldrich, supra, 281 N.J.Super. at 214, 656 A.2d 1304; Brizak, supra, 239 N.J.Super. at 431-32, 571 A.2d 975.

New Jersey courts have dispensed with the expert testimony requirement in cases where attorneys have failed to fulfill the most basic obligations. See, e.g., Sommers, supra, 287 N.J.Super. at 8-12, 670 A.2d 99 (lawyer entirely failed to submit a legal argument in client’s defense); Brizak, supra, 239 N.J.Super. at 431-32, 571 A.2d 975 (attorney failed to protect client’s claim against the running of the statute of limitations); Stewart v. Sbarro, 142 N.J.Super. 581, 591-92, 362 A.2d 581 (App.Div.) cert. denied 72 N.J. 459, 371 A.2d 63 (1976) (lawyer sacrificed client’s creditor priority by failing to ensure that a bond and mortgage were properly recorded). A common thread runs through these cases, namely none of them required the trier of fact to evaluate an attorney’s legal judgment concerning a complex legal issue. Where a trier of fact would be put in such a position, New Jersey courts have required expert testimony to be presented. See, e.g., Aldrich, 281 N.J.Super. at 214-15, 656 A.2d 1304 (expert testimony was required where an attorney told sellers of property that they did not need to disclose zoning restriction to buyers because the attorney reasoned that the restriction was invalid).

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