What Is Legal Malpractice?

Legal malpractice is a civil suit that you may bring when your attorney breaches his legal duty to you. In order to prevail in an attorney malpractice civil suit, the burden is on you, as the plaintiff, to prove the required elements of your case. Those required elements are set under state tort law rules in the location where you live.

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I think my attorney was incompetent and mishandled my case. Is that legal malpractice?

Discussion of factors to consider to see if attorney’s actions were malpractice and what to do about it. Legal malpractice occurs when a lawyer, either intentionally or through his or her own negligence, fails to represent a client’s interests in a way that no reasonable attorney would. This is a standard that clearly cuts in favor of the attorney. Losing a case is not legal malpractice, nor is winning a smaller amount of money than the client anticipated.

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Who can be liable for legal malpractice?

Legal malpractice occurs when your attorney breaches a duty that he or she owed to you under the law. Legal malpractice claims can be made when your attorney is negligent or when your attorney breaches the fiduciary duty that is owed to you.

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Types of Attorney Malpractice

Every licensed attorney owes certain duties to their clients. When an attorney breaches these duties, he or she opens herself up to a claim for legal malpractice. An individual may bring a claim against an attorney for malpractice based on negligence, breach of contract, and breach of fiduciary duty.

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