Tag Archives: transactional malpractice
When Does a Lawyer’s Negligence Cause Clients Harm?
The elements of attorney malpractice (professional negligence) include a breach of duty that causes legally recognized damages to a client (or, in some cases, an eligible non-client). In order to prevail on a claim for legal malpractice, and recover damages from a negligent lawyer, the plaintiff must prove all elements of the malpractice claim … including “causation.”… Read More »
“Causation” in Legal Malpractice: Litigation vs. Transactional Issues
The plaintiff in a legal malpractice action generally bears the burden of proving that the lawyer’s professional negligence was the cause of the client’s damages. With some exceptions, the client must prove causation with legally admissible evidence or there plaintiff’s malpractice suit cannot prevail. The manner in which a client proves causation differs somewhat if… Read More »
