Tag Archives: legal malpractice
Causation in Legal Malpractice: the “Substantial Factor” Test
Generally speaking, the test for causation in legal malpractice requires the plaintiff to prove that the plaintiff’s damages would not have occurred “but for” the attorney’s breach of a recognized legal duty. This is commonly known as the “but for” test. However, real world situations don’t operate in a vacuum, and sometimes a plaintiff’s… Read More »
“Causation” in Legal Malpractice: Litigation vs. Transactional Issues
The plaintiff in a legal malpractice action generally bears the burden of proving that the lawyer’s professional negligence was the cause of the client’s damages. With some exceptions, the client must prove causation with legally admissible evidence or there plaintiff’s malpractice suit cannot prevail. The manner in which a client proves causation differs somewhat if… Read More »
Understanding “Causation” in Legal Malpractice
In order to prevail in a legal malpractice claim, the plaintiff client (or former client) must prove that the lawyer’s wrongful conduct caused the plaintiff to suffer injury or damages. This is called the “causation” requirement, and it’s a mandatory element of a malpractice claim or lawsuit. It isn’t enough to show that the attorney… Read More »
When Has a Lawyer Breached a Professional Duty to a Client?
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 »
Malpractice Liability to Non-Clients: What About Other Lawyers?
The last few posts have taken a look at circumstances when courts may find an attorney liable for malpractice when the plaintiff was not the attorney’s client (or otherwise in “privity of contract” with the lawyer). Generally, an attorney only owes a professional duty of care to clients and other people with whom the… Read More »
Can An Attorney Have Liability to Non-Clients?
Generally speaking, a lawyer only owes a duty of care (and thus, can only be liable for malpractice) to a client, meaning “a person with whom the lawyer had an ongoing attorney-client relationship at the time the professional negligence was committed.” However, under some rare circumstances, courts will impose a duty of care on a… Read More »
When DID I Fire My Lawyer? Termination of the Attorney-Client Relationship
A client who believes that his or her attorney committed malpractice (also known as “professional negligence”) in the course of representation must file a lawsuit within a specified time, or the client may lose the right to sue and recover damages from the attorney. The period when a suit must be filed is governed… Read More »
Statutes of Limitations: Setting the Timer on Legal Malpractice Actions
Many people are unaware that specific laws, called statutes of limitations, set a limit on the amount of time a plaintiff has to pursue most civil claims. A person who fails to file a lawsuit before the limitations period ends may be barred (prevented) from ever filing a suit, pursuing a claim, or recovering… Read More »
Damages in Attorney Malpractice: What Must A (Former) Client Prove?
Damages are a mandatory element of a legal malpractice action. If the plaintiff has not incurred demonstrable damages as a result of an attorney’s wrongful conduct, the malpractice claim cannot prevail. Although it seems unfair to some people, “mere” breach of a professional duty–without measurable damages–does not create a legal malpractice claim. Nominal damages… Read More »
Causation in Attorney Negligence: Proving “Fault”
A plaintiff client cannot win a lawsuit for attorney negligence without proving that the attorney’s alleged malpractice was the “legal cause” of the plaintiff’s damages, loss, or injury. Unless the (former) client proves causation as a matter of law, a malpractice actions cannot prevail. Today’s “Malpractice Monday” focuses on this critical element, and how… Read More »
