What is Legal Malpractice?
Legal Malpractice, also known as professional negligence, is a term that may refer to an attorney’s failure to provide competent representation, or to provide services with a reasonable degree of care. It is the breach of a professional duty to a client that results in harm. This harm can take the form of financial loss, emotional distress, or other losses.
Legal Malpractice in More Detail
Legal malpractice can arise from an attorney’s failure to provide competent representation, such as failing to conduct adequate research or failing to timely file documents. It can also arise if an attorney provides advice to a client that is not in their best interest. Additionally, it can arise if an attorney fails to advise a client to seek advice from another attorney or fails to keep a client informed of the progress of their case.
The standard for determining whether a lawyer has committed legal malpractice is based on what a reasonable lawyer would have done in the same or similar circumstances. The attorney must have breached their duty of care to the client, and the breach must have caused the client to suffer damages.
In order to prove a case of legal malpractice, a client must typically demonstrate that their attorney’s negligence was a proximate cause of their harm. For example, if an attorney missed a filing deadline and the client was unable to pursue a claim as a result, the client can demonstrate that the attorney’s negligence was a proximate cause of the harm.
If a client believes that they have been the victim of legal malpractice, they should contact an attorney with experience in legal malpractice cases. An experienced attorney can review the facts and provide guidance on the best course of action.
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