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Types of Legal Malpractice
"Legal malpractice” generally refers to any lawsuit brought by a client against the client’s lawyer. In a "legal malpractice" lawsuit, a client may assert different “claims” against their lawyer. The most common claims that may be brought are negligence and breach of fiduciary duty. However, other claims such as breach of contract, violations of laws concerning deceptive trade practices, fraud, and negligent misrepresentation may be brought in certain circumstances.
What is Negligence?
The most common legal malpractice claim is called "negligence." Negligence occurs when an attorney fails to act with the level of care and skill expected of a competent lawyer. In plain terms, negligence occurs when the attorney commits a mistake. Some common examples of negligence by an attorney include failing to meet a deadline, filing incorrect or incomplete documents, failing to properly research the law or facts of a case, failing to investigate a case, and not preparing adequately for a hearing or trial. Proving a negligence claim requires the showing of: (1) a mistake or error by the attorney (2) that was the cause of (3) damages to the client.
What is Breach of Fiduciary Duty?
Another common legal malpractice claim is called "breach of fiduciary duty." Lawyers owe their clients a "fiduciary duty." A "fiduciary duty" is the highest duty owed under the law and includes a duty of loyalty, trust, and confidentiality. Lawyers generally breach that sacred duty by putting their interests ahead of their client's interest, putting another person's interests ahead of their client's interest, failing to disclose conflicts of interest, misusing client funds or trust accounts, failing to inform their client of material facts regarding the client's matter, and revealing confidential client information without permission.
What is Breach of Contract?
A lawyer and a client often have a contract that outlines the terms of their arrangement. Even if there is no written contract, a contract is formed between a client and lawyer when a lawyer agrees to represent a client. A lawyer breaches or breaks that contract by violating the terms or understandings of that contract. The most common way a lawyer breaches the terms of that arrangement is by over billing their client.
If you have been the victim of legal malpractice, immediately CONTACT US at The Pierce Law Firm for a free consultation. Attorney Nicholas Pierce reviews every submitted form and responds within 48 hours.
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