Who Has The Burden Of Proof For Legal Malpractice in Torts?

The plaintiff in a legal malpractice case carries the burden of proof. They must prove that the attorney was negligent, that the negligence caused harm, and that damages resulted from that harm.

In a legal malpractice claim, the burden of proof rests with the plaintiff, who is typically the client of the attorney accused of malpractice. The plaintiff must demonstrate three essential elements: first, that the attorney owed a duty of care to the client; second, that the attorney breached that duty by failing to meet the standard of care expected from a reasonably competent attorney; and third, that this breach directly caused harm to the client, leading to damages. This standard is rooted in the general principles of tort law, which require a showing of negligence.

An important aspect of legal malpractice cases is that the plaintiff must show that they would have prevailed in the underlying case if the attorney had acted competently. This