Malpractice Resource Center
What is Legal Malpractice?
Legal malpractice can be defined as a case of loss or injury to the client where a lawyer is careless or negligent of his clients needs while giving legal advice or representation.
What are the elements of legal malpractice?
A person can file a case of legal malpractice only if he is able to prove some elements that are essential to any legal malpractice. Some of the typical elements of legal malpractice that a plaintiff must be able to prove are:
- There was a client-attorney relationship this is the first thing a plaintiff must show. If he or she is unable to prove that a client-attorney relationship existed, then there is no basis for a legal malpractice suit.
- There was negligence in the representation of the clients case the plaintiff must refer to the standards of care that attorneys have to abide by. The plaintiff must then prove that the lawyer violated those standards.
- Negligence was the main cause of the harm to the client It is essential to prove that the main cause of harm or injury to the plaintiff was carelessness on the lawyers part.
- Facts and the extent of the injury should be stated Lastly it is crucial to mention the nature and cost of the damage.
If the plaintiff is able to prove the above-mentioned elements, he can get the attorney dismissed from the court for legal malpractice.
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