Copyright Ronald C. Burke, Esq. 2009

Legal malpractice is the failure of a lawyer to provide competent professional service to a client. If the client is damaged as a result of the failure, he or she may have a claim against the lawyer for legal malpractice.  The law requires that attorneys must exercise the degree of skill, knowledge and prudence possessed by other attorneys of ordinary skill and experience in the same or similar case.

There are two main causes of legal malpractice.  The malpractice may occur due to the negligence or breach of contract of an attorney, defined as professional misconduct, when the services provided fall below the standard of care expected of the average attorney in the same or a similar situation.  Examples may include lawyers missing important deadlines, failing to obtain available crucial evidence or even giving advice that is wrong.

Another kind of legal malpractice occurs when a lawyer acts in his or her self interest or in the interest of another rather than the interest of the client.  This type of malpractice is called a breach of fiduciary duty, and may include cases of conflict of interest.

The key to a successful legal malpractice case is the ability to prove that the client was injured or harmed because of the negligence or breach of duty of the attorney.

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Legal Malpractice

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