Legal Malpractice

Legal Malpractice occurs when an attorney fails to perform according to the standards and codes of ethical and professional conduct that all attorneys must adhere to—in dealing with the court, opposing counsel, his or her client, and third persons. An essential aspect of a legal malpractice case is that the attorney's failure to meet his or her professional obligations resulted in some form of harm, usually to his or her client's case. The law protects lawyers from the true value of their negligence, and an injured party may only collect the “actual damages” sustained as a direct result of the lawyer’s negligence—damages for pain and suffering are not allowed. Legal malpractice claims are expensive and almost always require testimony from another lawyer working for the plaintiff who will establish the departure from professional standards.