Whats a legal malpractice case?

[jen]

Some one let me know what exactly is a legal malpractice case? Please and thank you.

[varik]

Legal malpractice occurs when an attorney intentionally or negligently mishandles a case and causes injury to a client.

Clients bring legal malpractice claims when they feel that they have been harmed in some way by their attorney's representation. To succeed in legal malpractice claim, a client must prove four distinct elements. First, a client must show that an attorney-client relationship existed between the two parties. An attorney-client relationship typically arises when an attorney gives or promises to give legal advice to any person. Second, a client must prove that the attorney acted negligently, or with the intent to harm the client. Attorney negligence is defined as the failure to exercise the care, skill and diligence commonly possessed by a member of the legal profession. Third, the plaintiff must show that the attorney's actions were the cause of the plaintiff's injury. Finally, the plaintiff must convince the court that without the attorney's improper behavior, the plaintiff would have been successful in the underlying case. The final element is often the most difficult to prove. If the injury may have occurred despite the attorney's actions, no cause of action for legal malpractice will be admitted.

Legal malpractice may take a number of different forms, ranging from minor instances of negligence to intentionally fraudulent conduct. Common types of legal malpractice include:

1. Failure to meet court deadlines.
2. Failure to act within the statute of limitations.
3. Failure to return phone calls or communicate with a client.
4. Failure to resolve conflicts of interest.
5. Failure to know the law or perform adequate research.
6. Abuse or misuse of a client's trust account, including commingling trust account funds with the attorney's personal account.
7. Improper withdrawal from representation.

[jerard]

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[luther]

Legal malpractice is when a person takes a former attorney to court alleging that the attorney made a mistake in handling the case.

What the previous response described is medical malpractice. Legal malpractice is sort of the same thing except a person sues a lawyer rather than a doctor.

[fyfe]

it is when a patient takes a doctor to court for doing the medical procedure wrong. Often refered to "Ambulance chaser cases"