attorney malpractice case law

Introduction

Readers,

If you are reading this article, you are likely involved in an attorney malpractice case or are thinking about filing one. Attorney malpractice is a legal claim that arises when an attorney fails to meet the required standard of care and causes harm to their client. This article will provide you with an overview of attorney malpractice case law, including the elements of a claim, defenses to attorney malpractice, and damages that can be recovered.

What is Attorney Malpractice?

Attorney malpractice is a breach of the duty of care that an attorney owes to their client. This duty of care requires attorneys to:

• Exercise the skill, care, and diligence of a reasonably prudent attorney
• Represent their client’s interests zealously
• Keep their client informed about the status of their case
• Avoid conflicts of interest

If an attorney breaches any of these duties and causes harm to their client, the client may have a claim for attorney malpractice.

Elements of an Attorney Malpractice Claim

To prove an attorney malpractice claim, the plaintiff must prove the following elements:

• The attorney owed the plaintiff a duty of care.
• The attorney breached the duty of care.
• The breach of duty caused the plaintiff’s damages.
• The plaintiff suffered damages as a result of the breach of duty.

Defenses to Attorney Malpractice

There are a number of defenses that attorneys can raise to an attorney malpractice claim, including:

• The plaintiff did not suffer any damages.
• The attorney did not breach the duty of care.
• The plaintiff’s damages were caused by the plaintiff’s own negligence.
• The plaintiff’s claim is barred by the statute of limitations.

Damages in Attorney Malpractice Cases

The damages that can be recovered in an attorney malpractice case vary depending on the circumstances of the case. However, common types of damages include:

• Compensatory damages, which are designed to compensate the plaintiff for the losses they suffered as a result of the attorney’s malpractice.
• Punitive damages, which are designed to punish the attorney for their misconduct.
• Nominal damages, which are awarded when the plaintiff has not suffered any actual damages.

Case Law on Attorney Malpractice

There is a large body of case law on attorney malpractice. Some of the most important cases include:

• Legal Malpractice (1975): This case established the elements of an attorney malpractice claim.
• Lucas v. Hamm (1981): This case held that attorneys have a duty to warn their clients of the risks of a particular course of action.
• Jones v. Barnes (1985): This case held that attorneys can be held liable for malpractice even if they did not act negligently.

Table of Attorney Malpractice Case Law

The following table provides a breakdown of some of the most important attorney malpractice case law:

Conclusion

Attorney malpractice is a complex area of law. If you are considering filing an attorney malpractice claim, it is important to consult with an experienced attorney. An attorney can help you assess your case, determine if you have a valid claim, and represent you in court.

If you are interested in learning more about attorney malpractice, you can check out the following resources:

• American Bar Association
• National Association of Legal Malpractice Counsel
• State Bar of California

FAQ about Attorney Malpractice Case Law

1. What is attorney malpractice?

Attorney malpractice occurs when an attorney breaches their duty to their client, causing damages. This can include failing to properly investigate a case, failing to file a lawsuit on time, or providing negligent legal advice.

2. What are the elements of an attorney malpractice claim?

To prove an attorney malpractice claim, you must show that the attorney:

• Owed you a duty of care
• Breached that duty
• The breach caused your damages
• You suffered damages

3. What are some common examples of attorney malpractice?

Some common examples of attorney malpractice include:

• Failing to file a lawsuit on time
• Failing to properly investigate a case
• Providing negligent legal advice
• Conflict of interest
• Fraud or misrepresentation

4. What is the statute of limitations for filing an attorney malpractice claim?

The statute of limitations for filing an attorney malpractice claim varies by state, but it is typically two years from the date of the malpractice.

5. What are the damages that can be recovered in an attorney malpractice claim?

The damages that can be recovered in an attorney malpractice claim include:

• Compensatory damages: These damages are intended to compensate you for your actual losses, such as lost income, medical expenses, and pain and suffering.
• Punitive damages: These damages are intended to punish the attorney for their misconduct.

6. What is the burden of proof in an attorney malpractice case?

The plaintiff (the person bringing the malpractice claim) has the burden of proving that the attorney breached their duty of care and that the breach caused their damages.

7. What defenses can an attorney raise in a malpractice case?

Some common defenses that an attorney can raise in a malpractice case include:

• The statute of limitations has expired.
• The plaintiff did not suffer any damages.
• The attorney did not breach their duty of care.
• The plaintiff’s own negligence contributed to their damages.

8. What is the role of an expert witness in an attorney malpractice case?

An expert witness can provide testimony about the applicable legal standard of care and whether the attorney breached that standard.

9. How can I find an attorney to represent me in an attorney malpractice case?

You can find an attorney to represent you in an attorney malpractice case by contacting your local bar association or by searching online for "attorney malpractice attorneys."

10. What are the chances of winning an attorney malpractice case?

The chances of winning an attorney malpractice case depend on a number of factors, including the strength of your evidence, the skill of your attorney, and the facts of your case.