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Tag Archives: breach of duty

When Has a Lawyer Breached His or Her Legal Duty of Care?

By Robert Ross |

HOW DOES BREACH OF DUTY RELATE TO LEGAL MALPRACTICE? Legal malpractice (also called professional negligence) involves a lawyer’s breach (violation) of a legally mandated duty of care. Specifically, a breach of the professional standard of care that is applicable to the relevant situation. When evaluating a lawyer’s potential breach of duty, the issue is whether the… Read More »

Breach of Duty: Violating the Standard of Care

By Robert Ross |

NEGLIGENCE OCCURS WHEN A BREACH OF DUTY CAUSES INJURY. The existence of a duty, without more, does not create negligence liability. However, when a person violates a legally-recognized duty of care, and that breach of duty causes injury (or damage) to a person or property, negligence liability may result. WHEN HAS A PERSON BREACHED… Read More »

Proving Breach of a Property Owner’s Duty

By Robert Ross |

HOW DOES NEGLIGENCE RELATE TO PREMISES LIABILITY? Premises liability is a form of negligence, which means the plaintiff (usually, the injured party or someone suing on his or her behalf) must prove the elements of negligence in order to prevail. The elements of a claim for negligence are: 1. The existence of a legally… Read More »

When Has a Lawyer Breached a Professional Duty to a Client?

By Robert Ross |

To prevail in a legal malpractice claim, a plaintiff must not only prove that the defendant attorney owed the plaintiff a legal duty, but also that the lawyer behaved in a way that constitutes a legally-recognized breach of that duty. The plaintiff is usually a former client, but also may be a non-client to… Read More »

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