legal malpractice
Legal malpractice means that the lawyer breached their duty of care to the client and the client was harmed as a result. For example, in New Jersey, a cause of action for legal malpractice requires: “(1) the existence of an attorney-client relationship creating a duty of care by the defendant attorney, (2) the breach of that duty by the defendant, and (3) proximate causation of the damages claimed by the plaintiff” ( Alevras v. Tacopina ).
In Louisiana, § 5605 defines legal malpractice as an alleged act, omission, or neglect on behalf of the lawyer. Additionally, the statute states a statute of limitations for filing such claims. In Missouri, “a claim for legal malpractice has four elements: (1) an attorney-client relationship; (2) negligence or breach of contract by the attorney; (3) proximate causation of plaintiff’s damages; and (4) damages to the plaintiff ( Viehweg v. Mello ).
[Last reviewed in July of 2020 by the Wex Definitions Team ]
Wex