Attorney Malpractice

We represent both plaintiffs and defendants in attorney malpractice and related regulatory actions. Unlike other firms that handle a wide variety of professional malpractice matters, our professional liability practice focuses exclusively on misconduct by attorneys. Generally speaking, there are three theories of attorney malpractice.

First, is negligence. A negligence claim involves allegations that an attorney did not handle your case in a manner consistent with the standards of practice in the profession.

Second, is breach of fiduciary duty. A breach of fiduciary duty claim arises when your attorney puts his or her own interests above yours or acts dishonestly in handling the affairs entrusted to him or her.

Third, is breach of contract. A breach of contract claim arises when an attorney fails to abide by the terms of his or her engagement with you.

However, an attorney is not liable simply because the client did not obtain the result that he or she wanted in a case. In a negligence case, an attorney's conduct must fall below the standard of care that a reasonably careful attorney would employ before the attorney can be held liable. Furthermore, a client must prove that he or she has been damaged by the attorney's misconduct. The mere possibility that a more favorable result would have been obtained if the client had been given the right advice is not sufficent; there must be proof of damages that goes beyond speculation or a mere possibility of harm.

Generally speaking, when we represent plaintiffs, we work on cases where an attorney's misconduct has resulted in a clear monetary loss to his or her client, the attorney has deliberately wronged the client, or the attorney has failed to take proper steps to protect the client's interests and thereby caused substantial damages.

We are also avaliable to defend attorneys in both litigation and regulatory proceedings relating to their law license. Even where these cases are handled by attorneys hired through a malpractice insurance company, we can provide useful objective review of the counsel selected by an attorney's insurance company.