Legal Malpractice

August 31, 2015

Today’s subject is legal malpractice. ‘Tis true; attorneys make mistakes. Really!

Malpractice is a term synonymous with professional negligence. Although one sounds ugly and the other doesn’t, they have the same meaning. And that meaning? Per The Free Dictionary

Malpractice refers to negligence or misconduct by a professional person, such as a lawyer, a doctor, a dentist, or an accountant. The failure to meet the standard of care … that is recognized by a profession reaches the level of malpractice when a client or patient is damaged because of error.

Some appellate court opinions—and yours truly—nibble at the edges of this definition but, for our purposes, it suffices.

So, if I make a mistake I’ve committed malpractice? No. First, there

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