Legal malpractice can occur when an attorney acts in a negligent manner when representing a client, and as a result of the negligence the client sustains an injury.

Attorneys should be held to the same degree of accountability as other specialized professionals. They have serious ethical and legal obligations to their clients. The attorney-client relationship establishes a “fiduciary duty” on the attorney. This is the highest duty imposed by the law. It requires an attorney to exercise the utmost care and act on the behalf of the client’s interest as if they were the attorney’s own interests. Clients have trust in attorneys, and rely on their advice and expertise. If an attorney takes advantage of that trust, or is negligent in their duty to the client they can be held liable.

To make a legal malpractice claim you must be able to prove the following:

• The existence of an attorney-client relationship
• Negligence in the legal representation of the client
• The negligence caused injury to the client
• The existence and extent of the injury