Tag Archives: malpractice attorney
Can An Attorney Have Liability to Non-Clients?
Generally speaking, a lawyer only owes a duty of care (and thus, can only be liable for malpractice) to a client, meaning “a person with whom the lawyer had an ongoing attorney-client relationship at the time the professional negligence was committed.” However, under some rare circumstances, courts will impose a duty of care on a… Read More »
What is “Proper Attorney Diligence”?
The rules which govern attorney conduct state that a lawyer cannot accept or represent a client unless the attorney can dedicate a professionally-adequate amount of time and resources to handling and managing the client’s case or issue. This is a duty the lawyer owes to the client, and also to the justice system generally…. Read More »
Causation in Attorney Negligence: Proving “Fault”
A plaintiff client cannot win a lawsuit for attorney negligence without proving that the attorney’s alleged malpractice was the “legal cause” of the plaintiff’s damages, loss, or injury. Unless the (former) client proves causation as a matter of law, a malpractice actions cannot prevail. Today’s “Malpractice Monday” focuses on this critical element, and how… Read More »
Limiting Attorney Malpractice Claims
For the past few weeks, the “Malpractice Monday” series has discussed the basic elements of attorney competence. Attorneys who fail to meet these standards, as well as other legal and ethical duties, may be held responsible for malpractice. The law holds an attorney liable for malpractice when negligent conduct of the client’s case or… Read More »
