Tag Archives: malpractice attorneys
Tolling the Statute of Limitations on Malpractice
WHEN DOES A CLIENT “DISCOVER” LEGAL MALPRACTICE FOR PURPOSES OF THE STATUTE OF LIMITATIONS? A client has “discovered” an attorney’s malpractice for statute of limitations purposes when the client knows or should have known about the lawyer’s wrongful act or omission. The client does not have to realize that the wrongful act constitutes “negligence” or “malpractice”… Read More »
Understanding Damages in Legal Malpratice Cases (Part 1)
DAMAGES ARE A MANDATORY ELEMENT OF A PLAINTIFF’S CLAIM FOR LEGAL MALPRACTICE. If the plaintiff cannot demonstrate that (s)he has actually suffered damage (as a result of the attorney’s breach of a legally recognized duty), the plaintiff cannot prevail, even if the attorney did actually breach a legally recognized duty to the plaintiff. This is true… Read More »
The “But For” Test for Causation in Legal Malpractice
WHAT IS THE “BUT FOR” TEST? The “But for” test is one of the two legal standards for proving causation in legal malpractice cases. This test requires the plaintiff to prove the defendant attorney’s negligent actions (or advice) actually caused the plaintiff to suffer damages or harm. Essentially, the plaintiff uses the facts of… 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 »
When Has a Lawyer Breached the Duty Owed to a Client?
In addition to proving the nature of the duty of care the attorney owed, a client (or former client) claiming malpractice must prove the attorney breached that duty where the client is concerned. To prove a lawyer has breached a legally-recognized duty, it is necessary to examine the lawyer’s conduct in light of several factors: … Read More »
The Costs of Malpractice Litigation
Clients who fail to receive the result they desire sometimes think a malpractice action represents an “easy solution” to the client’s dissatisfaction with legal services received. However, legal malpractice actions are neither easy nor inexpensive. In fact, the costs of a legal malpractice action often make malpractice litigation an unreasonable (and inefficient) response. A… Read More »
Attorney-Client Communication, Part 2
ATTORNEY-CLIENT COMMUNICATIONS, Part 2 Last week, we looked at the attorney’s duty to communicate properly and promptly with clients, and examined the basic obligations an attorney has with regard to client communications. In addition to keeping clients informed about substantive and procedural matters relating to their cases or issues, attorneys also have a duty to… Read More »
