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Last Updated August 4, 2008 |
Legal malpractice occurs when an attorney fails to render competent legal advice or representation to a client. Legal malpractice can occur as a result of either negligent or intentional conduct. The three common bases of liability for legal malpractice are breach of contract, breach of fiduciary duty, or negligence. Elements of a Legal Malpractice ClaimAttorney- Client Relationship EstablishedIn order to successfully bring a legal malpractice claim, the plaintiff must prove the essential elements of the claim. First, the client must prove that the attorney owed a duty to competently represent the plaintiff. While this may seem like an obvious element, it requires the plaintiff to prove that an attorney-client relationship was established. Generally speaking, an attorney-client relationship is established when an attorney gives or promises to give legal advice. Money does not need to change hands between the client and the attorney. |
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