Legal malpractice

Legal malpractice is a type of professional negligence where an attorney fails to provide competent and professional services to a client, resulting in harm or damage to the client. This can occur in various forms, including errors in legal advice, missed deadlines, and conflicts of interest.

Elements of Legal Malpractice

To establish a claim of legal malpractice, a plaintiff typically must prove the following elements:

1. Duty: The attorney owed a duty to the client to act competently and professionally.
2. Breach: The attorney breached that duty by acting negligently or failing to act.
3. Causation: The breach of duty caused harm to the client.
4. Damages: The client suffered actual damages as a result of the attorney's breach.

Common Types of Legal Malpractice

• Negligence: Failing to provide the standard of care that a reasonably competent attorney would provide.
• Breach of Fiduciary Duty: Violating the trust and confidence placed in the attorney by the client.
• Conflict of Interest: Representing clients with conflicting interests without proper disclosure and consent.
• Errors in Legal Advice: Providing incorrect or misleading legal advice that harms the client.
• Missed Deadlines: Failing to file documents or take necessary actions within the required time limits.

Defenses to Legal Malpractice Claims

Attorneys may raise several defenses against legal malpractice claims, including:

• Statute of Limitations: The claim is barred because it was not filed within the legally prescribed time limit.
• Lack of Causation: The attorney's actions did not cause the client's harm.
• Contributory Negligence: The client contributed to their own harm through their actions or inactions.

Preventing Legal Malpractice

Attorneys can take several steps to prevent legal malpractice, such as:

• Maintaining clear and open communication with clients.
• Keeping accurate and detailed records of all client interactions and case developments.
• Staying informed about changes in the law and continuing legal education.
• Avoiding conflicts of interest and obtaining informed consent when necessary.

Related Pages

• Negligence
• Fiduciary
• Conflict of interest
• Statute of limitations
• Attorney–client privilege

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