The basic elements of legal malpractice are three: There is an attorney-client relationship. The lawyer breached their duty of care to the client. The breach harmed the client. Today we focus on the duty of care. It can be a hard concept to define and depends on the...
Duty of Care
Was your lawyer negligent in handling your lawsuit?
Proving that legal malpractice occurred because of an attorney’s negligent work on a lawsuit can be tricky. Anyone with questions should seek advice from seasoned legal malpractice counsel. If the previous lawyer was negligent in conducting litigation, causing...
Contract clause detrimental to client may be legal malpractice
A major part of many law practices is the drafting of contracts to accomplish a wide range of client goals. First, an attorney should gain a deep understanding of what the client wishes to accomplish through contract and consider how to do so. Then, the lawyer...
Protecting client interests includes meeting legal deadlines
Few legal matters are without deadlines. Both in and out of court, an attorney’s duty of care to their clients includes completing filing, notice, service and other legal acts on time in accord with required legal deadlines. The most obvious example is missing the...
The building blocks of a legal malpractice claim
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...
Did your lawyer make a mistake in your real estate matter?
When a party purchases real estate, they usually have an intended use for the parcel. It is common to retain an attorney to facilitate the transaction. The clients reasonably expect that the lawyer will do what needs to be done to transfer ownership of the real estate...
Client challenges lawyers’ handling of Gatlinburg fire lawsuit
An attorney or law firm can make a negligent mistake in almost any area of law if they breach their reasonable duty of care to their client. When legal malpractice occurs during litigation, the client can suffer severe losses, mostly financial. Depending on the nature...
Legal malpractice: Expert testimony on a lawyer’s duty of care
We often write in this space about the required elements of a legal malpractice claim. Broadly, in an attorney-client relationship, the lawyer has a reasonable duty of care in the representation of the client. If legal counsel negligently breaches their duty of care...
Case-within-a-case: Did your lawyer mishandle your lawsuit?
For a legal dispute to make it to court, it is normally a major event to those involved on both sides of the conflict – whether plaintiff or defendant. So many factors influence the nature of what is at stake: Is the suit personal or commercial? Are the potential...
Missing a legal filing deadline may seem minor, but it could cost you
When you retain a lawyer to represent you in a lawsuit or other legal matter, you have the reasonable expectation that the attorney will protect your interests and carry out their professional responsibilities to you with due care. Certainly, you should not have to...

