Tag Archives: lawyer malpractice
Damages in Legal Malpractice: How Much Must a Client Suffer to Prevail?
Damages are a mandatory element of a legal malpractice claim. This means that unless the plaintiff suffers actual damages, (s)he cannot prevail and obtain a judgment against an attorney for malpractice. In fact, if it’s clear no damage resulted from the attorney’s professional negligence, the court will dismiss a malpractice lawsuit before trial. HOW… Read More »
When Has a Lawyer Breached a Professional Duty to a Client?
To prevail in a legal malpractice claim, a plaintiff must not only prove that the defendant attorney owed the plaintiff a legal duty, but also that the lawyer behaved in a way that constitutes a legally-recognized breach of that duty. The plaintiff is usually a former client, but also may be a non-client to… Read More »
