Legal malpractice occurs when an attorney's negligence causes harm to a client. Knowing the elements of a claim, examples, and remedies helps clients identify poor representation and seek recourse when an attorney fails to meet professional standards.

Legal malpractice is a specialized area of professional negligence law. To establish a malpractice claim, a client must typically prove four elements: the existence of an attorney-client relationship, a breach of the attorney's duty of care, causation linking that breach to client harm, and actual damages. The duty of care requires attorneys to possess the legal knowledge and skill ordinarily held by practitioners in good standing, and to exercise reasonable care and diligence in representing clients.

Common forms of legal malpractice include missed deadlines resulting in lost claims, conflicts of interest that compromise representation, failure to conduct adequate research or investigation, inadequate client communication, and abandonment of representation. For example, missing a statute of limitations deadline can forever bar a client's claim, while failing to identify applicable law or failing to file necessary motions can result in adverse judgments. Each situation must be evaluated to determine whether the attorney's conduct fell below acceptable professional standards.

Proving causation in legal malpractice cases often requires demonstrating that but for the attorney's negligence, the underlying case would have resulted in a more favorable outcome. This "case within a case" requirement means plaintiffs must prove they would have prevailed in the underlying matter had their attorney performed competently. Expert testimony from other attorneys is typically necessary to establish both the standard of care and the breach of that standard.

If you suspect your attorney has committed malpractice, act promptly. Document all communications and preserve relevant records. Consider filing a complaint with your state bar association, which investigates ethical violations and can impose disciplinary sanctions. Consult with a legal malpractice attorney to evaluate whether you have a viable claim. Keep in mind that malpractice cases are subject to statutes of limitations, so timely action is critical to preserving your rights.