tort law · claim
Legal malpractice is a form of professional negligence where an attorney fails to uphold the standard of care required in their professional duties, thereby causing injury to a client. To prevail in a legal malpractice claim, a plaintiff must show that the attorney's actions fell below the acceptable standard and resulted in actual damages.
The attorney owed a duty of care to the client, which is a prerequisite for any malpractice claim.
What to prove: The plaintiff must establish the existence of an attorney-client relationship that created a duty.
There must be a breach of the duty of care, meaning the attorney failed to act as a reasonably competent lawyer would under similar circumstances.
What to prove: Evidence must show that the attorney's conduct was negligent and not in accordance with the standard of care in the legal profession.
The breach of duty must be the direct cause of the client's damages, linking the attorney's negligence to the harm suffered.
What to prove: The plaintiff must demonstrate that the outcome of their case would have been different but for the attorney's negligence.
Actual damages must have been suffered by the client due to the attorney's negligence.
What to prove: The plaintiff must present evidence of quantifiable losses that resulted directly from the breach of duty.
The plaintiff bears the burden of proof by a preponderance of the evidence to establish all elements of the claim.
Focus on understanding the four elements of duty, breach, causation, and damages. Be prepared to analyze fact patterns that demonstrate each element in context.