Legal Malpractice
Overview
Legal malpractice is a form of negligence involving the failure of a legal professional to use an adequate level of care, skill or diligence in the performance of his or her professional duties.
General Duty Owing
A person who is engaged in the general practice of law represents that he or she has the degree of knowledge and skill ordinarily possessed and used by other lawyers engaged in the general practice of law. The required knowledge and skill must be judged by the standard legal practice at the time the attorney represented the client.
A specialist in a given area of law is one who devotes special study and attention to the practice of a particular field of the law. An attorney who holds himself or herself out as a specialist in a particular field of law represents that, with regard to his or her specialty, he or she has and will employ not merely the knowledge and skill of a general practitioner but that he or she will employ that special degree of knowledge and skill normally possessed and used by the average specialist in the field. Accordingly, when an attorney holds himself out or herself out as a specialist, the law imposes a duty upon that attorney to have and use that degree of knowledge and skill which is normally possessed and used by the average attorney who specializes in the practice of that particular field of law.
Causation
An essential element of any legal malpractice case is that the negligence of the legal professional was a substantial factor in bringing about harm to the client. It is not necessary that the negligence of the lawyer be the sole cause of the client's harm. The law recognizes that in the case of legal malpractice there may be any number of factors that lead to the client's harm. However, in order for the attorney's conduct to be considered the legal cause of the plaintiff's harm, the negligence of the lawyer must have been a substantial factor in bringing about that harm. In addition, it must have been foreseeable that some harm would come from the negligence of the lawyer.
Case Within a Case
When the lawyer's negligence involves the handling of a lawsuit, there is a doctrine known as the "case within the case" that may apply. In such circumstances, if the claim against the lawyer is that he or she mishandled the original lawsuit, it may be necessary to show that the original lawsuit would have been won had it been handled properly. Thus, a case arising out of the improper handling of a lawsuit may involve a trial that has all of the issues in the original lawsuit that was lost, as well as the issues of legal malpractice against the lawyer who lost the case.
Poor Result
The mere fact that a client has had a bad result or lost a trial is not proof of legal malpractice. The law does not require that an attorney guarantee a favorable result. The law recognizes that the practice of law according to standard legal practice will not necessarily prevent a poor result. If the attorney has applied the required knowledge and skill in handling the case, the attorney is not liable simply because a favorable result has not been achieved or simply because bad results have occurred. On the one hand, an attorney is not an insurer of the result. On the other hand, the attorney may be liable if he or she fails to employ that degree of reasonable knowledge and skill exercised by attorneys of ordinary ability and skill.
If you or a loved one believe you have been injured as a result of possible legal malpractice, call Tobin, Reitman, Greenstein, Caruso, Wiener & Konray now at 732-388-5454 or toll free 1-800-TEAM-LAW or CLICK HERE TO SUBMIT A SIMPLE CASE FORM. The initial consultation is free of charge, and if we agree to accept your case, we will work on a contingent fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds. Don’t delay! You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires.
