Legal Definitions - attorney malpractice

Attorney malpractice refers to professional negligence committed by a lawyer. It occurs when an attorney fails to provide legal services with the skill, care, and diligence that a reasonably competent lawyer would use under similar circumstances, and this failure directly causes harm or financial loss to their client.

To establish attorney malpractice, a client typically needs to demonstrate four elements:

• The attorney owed a duty of care to the client.
• The attorney breached that duty by acting negligently or failing to act appropriately.
• The attorney's breach of duty was the direct cause of the client's injury or loss.
• The client suffered actual damages or financial harm as a result.

Here are some examples illustrating attorney malpractice:

• Example 1: Missed Deadline in Litigation

  A client hires an attorney to represent them in a personal injury lawsuit. The attorney, due to an oversight, fails to file the necessary court documents before the statute of limitations expires. As a result, the client's case is dismissed, and they lose the opportunity to pursue compensation for their injuries.

  Explanation: The attorney's failure to meet a critical legal deadline demonstrates a clear breach of the duty of care expected of a competent lawyer. This negligence directly caused the client to lose their legal claim and any potential financial recovery, thus constituting attorney malpractice.

• Example 2: Inadequate Due Diligence in a Business Transaction

  A small business owner hires an attorney to assist with the purchase of a commercial property. The attorney neglects to conduct a thorough title search or review existing zoning regulations. After the purchase is complete, the client discovers that the property has significant undisclosed liens and cannot be used for its intended commercial purpose due to zoning restrictions, leading to substantial financial losses.

  Explanation: The attorney's failure to perform essential due diligence, such as a proper title search and zoning review, falls below the standard of care for a lawyer handling a real estate transaction. This oversight directly resulted in the client acquiring a problematic property and suffering financial damages, illustrating malpractice.

• Example 3: Conflict of Interest Leading to Client Harm

  An attorney represents a client in negotiating a business partnership agreement. Simultaneously, the attorney also represents another client who is a competitor of the first client and has an interest in undermining the partnership deal. The attorney fails to disclose this conflict of interest to the first client and, during negotiations, makes decisions that subtly favor the competitor's interests, ultimately leading to a less favorable agreement for the first client.

  Explanation: An attorney has a fundamental duty of loyalty to their client. Representing clients with conflicting interests without full disclosure and informed consent, especially when it leads to one client being disadvantaged, is a serious breach of professional ethics and can constitute attorney malpractice due to the harm inflicted on the client.