Legal malpractice, or legal negligence, requires that a plaintiff or person bringing a claim against his or her prior attorney has the burden of proving all elements of a negligence claim. These elements are:
Read MoreIn legal malpractice cases, the attorney’s actions play a pivotal role. Malpractice, a unique subset of tort law, is complex and involves investigating and possibly litigating two separate actions. The claimant must first demonstrate that the attorney who was representing her failed to meet an accepted standard of care in handling the case. Furthermore, the claimant must show that this failure, or the attorney’s incompetence, directly led to harm or demonstrable damages. Second, though a plaintiff might prove incompetence on the attorney’s part, the underlying case must have had merit, and the party responsible for the harm solvent to compensate for the proven damages.
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