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Legal Definitions - legal malpractice

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Definition of legal malpractice

Legal malpractice occurs when a lawyer fails to meet their duty of care to their client, resulting in harm to the client. This harm can be financial, legal, or personal.

  • A lawyer fails to file a lawsuit before the statute of limitations expires, causing their client to lose their right to sue.
  • A lawyer gives their client incorrect legal advice, causing the client to make a costly mistake.
  • A lawyer mishandles their client's funds, resulting in financial loss for the client.

These examples illustrate how a lawyer's negligence or breach of duty can cause harm to their client. In each case, the lawyer failed to meet their obligation to provide competent and diligent representation, resulting in damages to the client.

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Simple Definition

Legal malpractice is when a lawyer doesn't do their job properly and it causes harm to their client. This can happen if the lawyer doesn't follow their duty to take care of their client, or if they make a mistake that causes damage. To prove legal malpractice, the client needs to show that there was a relationship between them and the lawyer, that the lawyer did something wrong, and that the client was hurt because of it. Different states have different rules for legal malpractice cases.

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