Legal Malpractice

What is Legal Malpractice?

Legal Malpractice is when an attorney breaches their legal duty, all legal malpractice cases generally involve four elements: duty, breach, causation, and damages. In all dealings and relations with their client, a lawyer has to act with honesty, good faith, fairness, integrity, and dependability. They must also possess the legal skills and knowledge ordinarily possessed by members of the same profession. A lawyer should not take any improper action or even suggest the appearance of being improper.

According to the American Bar Association (ABA), legal malpractice is defined as “the failure of a lawyer to render competent professional service to a client, resulting in harm to the client.” This particular quote demonstrates the expectation that a lawyer is professional and ensures the best interest of their client. Specific cases of legal malpractice might involve an attorney failing to file a lawsuit within the statute of limitations, resulting in the client’s inability to pursue their claim, or providing incorrect legal advice that leads to significant financial losses for the client.

To succeed in a legal malpractice claim, the plaintiff typically must prove:

• Duty: The attorney owed a duty to the client to act competently and within the bounds of the law.
• Breach: The attorney breached that duty through negligence or misconduct.
• Causation: The breach directly caused harm to the client.
• Damages: The client suffered actual damages as a result of the attorney’s actions.

Understanding legal malpractice is essential for clients to protect their legal rights and for attorneys to uphold the standards of the legal profession. It underscores the importance of diligence, competence, and ethical conduct in legal practice, promoting trust and accountability between attorneys and their clients. Legal professionals must be aware of the standards of care required in their practice to avoid malpractice claims and ensure the effective representation of their client.