Today we go back to the basics that define legal malpractice. When an attorney fails to adhere to a reasonable duty of care in the legal matter they took on for a client and the client suffers harm as a result, the client has a claim for attorney malpractice that can...
Attorney-Client Relationship
FL Supreme Court: Insurer can sue the law firm it hired to represent its insured for malpractice
We have written about the requirement of an attorney-client relationship for a legal malpractice claim to succeed. In addition, we previously described a narrowly defined group of third-party beneficiaries of attorney-client relationships with standing to sue a lawyer...
Legal malpractice risk is real in military divorce cases
To meet their professional obligations to their clients, attorneys who represent divorcing spouses must be highly knowledgeable about state divorce laws – and many lawyers are. Often highly skilled in the negotiation of marital settlement agreements and in courtroom...
Scope of representation defines a lawyer’s reasonable duty, part 1
We recently talked about the first element of a legal malpractice claim against a lawyer: the attorney-client relationship. In that post, we explained that a person suing their lawyer for malpractice must first establish that there was an attorney-client relationship....
The first element of legal malpractice is an attorney-client relationship
When someone believes that their attorney’s negligence or malpractice harmed them, they must show three elements to establish that legal malpractice occurred: An attorney-client relationship The attorney’s breach or neglect of a reasonable duty owed to the client The...