Legal Malpractice

Legal malpractice is the term for negligence, breach of fiduciary duty, or breach of contract by an attorney that causes harm to his or her client. In order to rise to an actionable level of negligence (an actual breach of a legal duty of care), the injured party must show that the attorney's acts were not merely the result of poor strategy, but that they were the result of errors that no reasonable attorney would make.Furthermore, legal malpractice requires proof of what would have happened had the attorney not been negligent; that is, "but for" the attorney's negligence ("but for" causation).
Posts about Legal Malpractice
  • Our Thanksgiving Message

    … Every year in this blog we pause to offer thanks to our clients. To whistleblowers. And to prosecutors, judges and special agents who each contribute in their own way to bring justice to this nation. This year is no different. Once again, we take pause to say thank you to all of those who make our work worthwhile. Injustice and fraud…

    Due Diligence- 7 readers -
  • 21% of Lawyers Engage in Bill Padding! (Legal Malpractice Post)

    … We rarely write posts on legal malpractice. But when the ABA Journal published an article suggesting that 21% of lawyers engage in bill padding and overcharge their hourly clients, we couldn’t resist. CEB Inc. and Wolters Kluwer NV’s ELM Solutions are two companies that help larger businesses manage their legal bills. Both companies partnered…

    Due Diligence- 11 readers -
  • Appeals Ct Green Lights Crowe Horwath Accounting Malpractice Suit

    … the accountant made a mistake on a tax return leading to additional tax, interest and penalties. In this case, the client claims that its accountant botched an audit. Some of the largest malpractice claims involve audits. (As this post is being written, the audit malpractice trial against PricewaterhouseCoopers in the MF Global debacle is just…

    Due Diligence- 12 readers -
  • Appeals Ct Green Lights Crowe Horwath Accounting Malpractice Suit

    … a mistake on a tax return leading to additional tax, interest and penalties. In this case, the client claims that its accountant botched an audit. Some of the largest malpractice claims involve audits. (As this post is being written, the audit malpractice trial against PricewaterhouseCoopers in the MF Global debacle is just getting under way.) The proof…

    Due Diligence- 11 readers -
  • “Failure to Prosecute” – Recipe for Legal Malpractice

    … “Failure to Prosecute” – Recipe for Legal Malpractice Many lawyers seem to be disorganized. Some of the smartest lawyers I know can’t seem to get things done until the last minute and have offices that look like a crime scene. A messy office may turn off clients but isn’t necessarily bad. Waiting to the last second to meet deadlines is a recipe…

    Legal Malpractice - Chris Trebatoski- 32 readers -
  • Independence Day Message for Whistleblowers

    … Independence Day Message for Whistleblowers July 3, 2016 by Brian Mahany Saluting Whistleblowers on the Fourth of July – America’s “Other” Heroes The year was 1976. I was not quite 18 years old and already in college. I remember being home for the summer and watching the tall ships sail through New York Harbor. Although spirits were high…

    Due Diligence- 37 readers -
  • Law Firm Responsible for Ponzi Scheme Losses

    … What does legal malpractice have to do with a Ponzi scheme? Plenty, if a law firm helped facilitate the scheme. When that happens, the lawyers can be held responsible for investor losses. Recently I wrote about the $7 billion Ponzi scheme perpetrated by “Sir” Allen Stanford. For a while, it looked like Stanford’s victims might only receive…

    Due Diligence- 20 readers -
  • Lawyer Misconduct, Altered Documents Leads to Prison

    … misconduct. The accountants’ report was then provided to the FBI and New Jersey Office of Attorney Ethics. Prior to pleading guilty to criminal charges, the state bar permanently disbarred Tonogbanua for his misconduct. At his sentencing earlier this month, Tonogbanua apologized to his former colleagues and clients. His lawyer asked for leniency because…

    Legal Malpractice - Chris Trebatoski- 34 readers -
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