Believe you have a
significant legal malpractice claim? click here.
A lawyer commits Legal Malpractice when they fail to provide
adequate legal services to a client. If the lawyer fails to provide
services -usually through an error or failure to act- that meet
the minimum standard of care of a licensed attorney, then the
lawyer has committed legal malpractice.
In general a legal malpractice suit must prove the following
1. A valid attorney/client relationship.
An attorney often owes a duty to non-clients whom the lawyer
knows will rely on his/her services especially when those services
were intended to benefit the non-client. A common basis of legal
malpractice of this type occurs when the beneficiary to a will
can prove an attorney improperly prepared or executed a client's
2. A duty on the part of the attorney to the client.
As a fiduciary of a client, a lawyer is required to treat all
information relating to a client's representation confidential.
The lawyer should vigorously represent the client's interests,
and disclose any conflicts of interest that might impair the
attorney's ability to represent the client.
3. A breach of that duty.
A lawyer breaches his or her professional duty they fail to
provide reasonably competent representation or violate their
fiduciary obligations. Proving a breach of duty is often difficult.
4. As a direct result of the attorney's negligence the client
has suffered measurable damages.
The plaintiff has the burden of proving the amount of damages.
In general, legal malpractice cases are not litigated unless
the provable and collectible damages are significant. Legal malpractice
cases are usually expensive to investigate and prosecute. They
are usually hotly contested and strongly defended suits.
If you believe you have a legal malpractice
claim contact a lawyer here.