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Not every mistake made by an attorney is considered legal malpractice. However, legal malpractice occurs when an attorney mishandles a case due to negligence or intentional harm, resulting in client damages. In order to succeed in a legal malpractice lawsuit, you must prove an attorney-client relationship, a breach of duty (negligence), causation, and a financial loss.
To prove the first element, you need to show that an attorney either provided or promised legal assistance, establishing the attorney-client relationship. This relationship is typically created through a written agreement, but it can also be implied by the attorney’s actions related to the client’s case. Moreover, in some states, a reasonable belief in the existence of an attorney-client relationship—based on the attorney’s representations—is sufficient to establish this relationship. The specifics of this element may vary depending on state ethics rules. Occasionally, attorneys may challenge the existence of such a relationship, which can complicate the case.
- There was an attorney-client relationship
- The attorney breached their duty to provide skillful and competent representation
- The attorney’s actions caused financial harm
Represented lender on a $125,000,000+ refinancing of various credit facilities for a multinational manufacturer with assets located across Canada and in the United States.
