Understanding Civil Causes of Action - Legal Malpractice and Its Implications
Definition & Meaning
Civil causes of action for legal malpractice occur when an attorney fails to meet the accepted standards of practice, resulting in harm to their client. This failure can include negligence, breach of contract, or other misconduct that negatively impacts the client's case. To prove legal malpractice, clients often need expert testimony to establish that the attorney did not adhere to the professional standards expected in legal practice.
Legal Use & context
Legal malpractice is primarily relevant in civil law, as it involves claims against attorneys for their professional conduct. Clients may pursue legal malpractice claims when they believe their attorney's actions or inactions have caused them financial loss or other harm. Users can often manage these claims with the assistance of legal templates available through services like US Legal Forms, which provide the necessary documents to initiate a malpractice lawsuit.
Real-world examples
Here are a couple of examples of abatement:
Example 1: A client hires an attorney to represent them in a personal injury case. The attorney misses a critical filing deadline, resulting in the client's case being dismissed. The client can claim legal malpractice due to the attorney's negligence.
Example 2: A couple seeks legal advice for a divorce. Their attorney fails to file necessary documents, leading to a loss of rights to certain assets. This may constitute legal malpractice if the attorney did not follow accepted practices. (hypothetical example)