A legal malpractice claim requires an attorney-client relationship, breach of the standard of care, causation, and damages. Causation ordinarily requires proving the underlying matter would have produced a better result.
Claims may also be pleaded as breach of fiduciary duty or breach of contract.
Alternative Names:
Attorney Malpractice, Lawyer Negligence
Why it Matters?
The causation element is what makes these claims difficult for plaintiffs and expensive for everyone, since it requires litigating the underlying case inside the malpractice case. Missed deadlines are the most common allegation and the hardest to defend because breach is undisputed. Coverage is written on claims-made forms, so reporting a potential claim promptly is itself a condition of protection.
Frequently Confused with
Related terms
Frequently asked questions
What must a malpractice plaintiff prove?
Is expert testimony required?
