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Legal malpractice
From Wikipedia, the free encyclopedia
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| Tort law II |
|---|
| Part of the common law series |
| Negligent torts |
| Negligence · Negligent hiring |
| Negligent entrustment · Malpractice |
| Negligent infliction of emotional distress |
| Doctrines affecting liability |
| Duty of care · Standard of care |
| Proximate cause · Res ipsa loquitur |
| Calculus of negligence · Eggshell skull |
| Vicarious liability · Attractive nuisance |
| Rescue doctrine · Duty to rescue |
| Comparative responsibility |
| Duties owed to visitors to property |
| Trespassers · Licensees · Invitees |
| Defenses to negligence |
| Contributory negligence |
| Last clear chance |
| Comparative negligence |
| Assumption of risk · Intervening cause |
| Strict liability |
| Ultrahazardous activity |
| Product liability |
| Nuisance |
| Other areas of the common law |
| Contract law · Property law |
| Wills and trusts |
| Criminal law · Evidence |
Legal malpractice is the term for negligence by an attorney that causes harm to his or her client. In order to rise to an actionable level of negligence, the injured party must show that the attorney's acts were not merely the result of poor strategy, but that they were the result of errors that no reasonable attorney would make. Furthermore, legal malpractice requires a showing of an injury that would not have happened unless the attorney had not been negligent. If the injury might have occurred despite different actions by the attorney, no cause of action will be permitted.
A common basis for a legal malpractice claim arises where an attorney misses a deadline for a filing a paper with the court, and this error is dispositive of the case.
There exists a community of lawyers within the larger legal community whose entire practice consists of representing plaintiffs in legal malpractice cases.
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