Under the umbrella of legal malpractice are two kinds of claims against a lawyer: breach of the duty of care and breach of fiduciary duty. Each duty involves a different professional aspect of the attorney-client relationship. Broadly, the duty of care concerns...
Duty of Care
The intersection of legal malpractice and technology
As in other professions, the practice of law has become highly automated and dependent on technology for functions that people previously performed manually. For example: Office and case management software, including electronic calendars and tickler systems, help...
More on a lawyer’s reasonable duty of care to clients
We recently wrote about why an attorney’s duty of care to a client is limited by the scope of the agreed-to representation. As we explained, when a lawyer and client enter into an agreement that the attorney will represent the client for a particular purpose, legal...
Attorney’s duty of care relates to subject of representation agreement, part 2
Part 1 of this post introduced the concept within legal malpractice law of defining the lawyer’s duty of care to the client by the scope of the agreed-upon reason the client hired the attorney. For what problem, goal or service did the client seek the lawyer’s...
Are there competency standards for lawyers?
Once an attorney is licensed to practice law, that attorney can practice law. There is no additional testing required for a lawyer to practice family law or criminal law, although there are board-certified specialization programs for certain legal areas. Outside of...
Law firms can fall victim to data breaches
Law firms should do everything they can to protect employee and client data. Unfortunately, both parties could suffer if the firm gets hit by a cyberattack. According to a recent report, more than 100 law firms across the country have reported cybersecurity threats to...

