Legal malpractice is a broad term that encompasses various types of civil liability claims brought against lawyers for breaches of duties owed by lawyers to clients and occasionally to other persons that cause damages. Particular conduct by a lawyer may violate the professional standard of care, disciplinary rules, civil statutes, and even criminal statutes. Such conduct may result in money damages, fee forfeiture, disqualification, and loss of license.
Lawyers impliedly represent to clients that they possess the requisite degree of skill, learning, and ability necessary to practice law and will exercise reasonable and ordinary care and diligence in applying their skill and knowledge in the representation of clients. Claims for negligence are by far the most common claims brought against lawyers. The traditional elements of any negligence claim are:
- the defendant owes the plaintiff a duty to exercise care;
- the defendant breaches that duty of care;
- the breach of duty proximately caused the plaintiff injury; and
- damages for such injury.
If you need a legal malpractice attorney make sure you research a respectable firm that has experience.
Schiff, Gorman, & Krkljes One East Wacker Drive 28th Floor Chicago, Illinois 60601