Legal Malpractice Issues
The practice of law touches every aspect of human life – from personal affairs to business matters to issues of loss, injury and death. It would be impossible for any one lawyer to have in-depth knowledge of every type of legal service. Some types of law are so...
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...
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...
Award-winning hip-hop trio Migos has dismissed its legal malpractice lawsuit in Los Angeles Superior Court in which it alleged that their attorney had represented them in negotiations and deals for years while maintaining a serious conflict of interest, depriving them...
Lawyers represent clients in many situations. Not only do they advocate for them in the courtroom, but also in negotiations about business, real estate and financial transactions. Not all deals turn out as expected – and sometimes transactions fall through – but when...
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...
People may assume that an attorney negligence claim can arise only when a judge or jury decides a case in a way that harms the client because the lawyer failed to exercise their professional duty of care in the process of the lawsuit. However, there are other...
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...
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....
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...