Legal Malpractice Definition  

Legal malpractice is defined as the breach of a contract, fiduciary duty and negligence caused by a lawyer that harms the client. To have a solid case the client must be able to prove that the lawyer’s actions were not just deprived strategy, but a consequence of mistakes that no lawyer would make.

The client should be able to establish that no harm would have come to him or her if the attorney had avoided being negligent. This may also happen when the lawyer willfully goes against the wishes of the client and causes him or her some damage. Furthermore when a contract is breached, the client becomes entitled to file a lawsuit for negligence against the lawyer. Usually the reason for malpractice is when the lawyer fails to meet deadline of filing documents in the court, which results in the failure of the main cause of the action of the client.

Lawyers can be slapped with malpractice lawsuits if they breach the privilege shared between the client and the attorney, which could adversely affect the client. They are not entitled to make use of any information gathered from their clients for their own benefits. This would be constituted as unethical behavior and grounds for lawsuits. An attorney is accountable for his entire staff. Any misconduct on their part could result in a malpractice lawsuit against the lawyer himself/herself.

Another possible reason for legal negligence may be disputes over fees. Lawyers who sue their clients over fees face the risk of a counter lawsuit against them claiming malpractice. Thus, lawyers are usually disinclined to sue their clients over disputes related to fee. Malpractice lawsuits can also be filed if one considers the way in which a client has been represented, as objectionable. This is usually not a very successful case with the exception of malevolent prosecutions.

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Legal Malpractice Definition

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Legal-Malpractice-Settlements      Malpractice is the term used to describe unlawful actions by an individual that cause harm and damages to another. People like doctors, dentists and lawyers are subject to most of these malpractice lawsuits. Thus they prefer being insured against these things as their professions increase the risk of litigation. Legal malpractice lawsuits and settlements seem to have become a norm, as it is believed that all attorneys will at least get sued on one occasion in their careers. More..




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