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What are the different types of malpractice claims a lawyer can handle?

Picture of Chris Battis By   ·  1 minute read

Types of Malpractice Claims Against Lawyers

As a lawyer, I can provide you with information on the different types of malpractice claims that lawyers can handle. Malpractice claims against lawyers arise when they fail to meet the required standard of care in the performance of their duties. The different types of malpractice claims that lawyers can handle include:

  1. Negligence: Negligence claims against lawyers arise when a lawyer fails to fulfill their duty to provide competent and diligent representation to their clients. A lawyer may be negligent if they fail to meet critical deadlines, fail to investigate crucial facts, or provide inadequate legal advice.
  2. Breach of fiduciary duty: Lawyers have a fiduciary duty to act in the best interests of their clients. Breach of fiduciary duty claims against lawyers arise when they fail to fulfill this duty by acting in their own interests or those of a third-party instead of their clients' interests.
  3. Conflict of interest: Lawyers are prohibited from representing clients with conflicting interests. Conflict of interest claims against lawyers arise when they represent clients with competing interests, causing harm to one or both parties.
  4. Misrepresentation: Lawyers must not misrepresent facts or law to their clients or the court. Misrepresentation claims against lawyers arise when they intentionally misrepresent facts, law or make false statements or omissions.
  5. Breach of contract: Lawyers are expected to fulfill the terms of their engagement letters or fee agreements with clients. Breach of contract claims against lawyers arise when they fail to fulfill these obligations as agreed upon.

It is important to note that there may be limitations and exceptions to these claims depending on the jurisdiction and circumstances of the case. If you believe a lawyer has committed malpractice, it is vital to consult with an attorney experienced in handling malpractice claims. A claimant must prove that a lawyer's breach of duty has caused damages resulting in a loss before filing a claim.