Legal Definitions - legal malpractice

Legal malpractice occurs when a lawyer fails to provide legal services with the skill, care, and diligence that a reasonably competent lawyer would use under similar circumstances, and this failure causes harm or financial loss to their client.

Essentially, it means a lawyer made a significant mistake or acted negligently while representing a client, and because of that mistake, the client suffered a negative outcome they otherwise would not have.

Here are some examples to illustrate this concept:

• Example 1: Missed Filing Deadline

  A client hires a lawyer to file a lawsuit seeking compensation for injuries sustained in an accident. The lawyer, due to an oversight, fails to file the necessary legal documents with the court before the statute of limitations (a legal deadline) expires. As a result, the client's case is permanently dismissed, and they lose their opportunity to pursue their claim.

  This illustrates legal malpractice because the lawyer breached their duty of care by failing to meet a critical deadline, which is a fundamental responsibility. This negligence directly caused harm to the client by preventing them from seeking justice and compensation.

• Example 2: Conflict of Interest

  A lawyer represents a married couple in their divorce proceedings. Unbeknownst to the wife, the lawyer also secretly advises the husband on how to hide certain assets from the marital estate to reduce the amount he would have to pay in the settlement. When this conflict of interest is discovered, the wife realizes she received a significantly smaller settlement than she was entitled to.

  This demonstrates legal malpractice because the lawyer violated their ethical duty of loyalty and acted with a conflict of interest, prioritizing one client's benefit over another's. This breach of duty directly resulted in financial harm to the wife.

• Example 3: Inadequate Due Diligence in a Business Transaction

  A small business owner hires a lawyer to review a complex contract for the purchase of a new commercial property. The lawyer, without thoroughly examining all the clauses or conducting proper title searches, advises the client that the contract is sound. After the purchase, the client discovers a significant, undisclosed environmental liability on the property that the lawyer should have identified, leading to massive unexpected cleanup costs.

  This is an example of legal malpractice because the lawyer failed to exercise the expected skill and prudence in reviewing the contract and conducting due diligence. Their oversight directly led to substantial financial damages for the client.