What Is Malpractice?

At its simplest, legal malpractice is when an attorney makes a sloppy mistake that causes you to lose your case. Common mistakes leading to malpractice claims include not filing a motion on time or missing a court hearing. It’s not enough for the attorney to make the mistake, however; other conditions must apply.
Most important, to even begin considering filing a malpractice suit, you must have had an attorney-client relationship with the attorney you’re planning to sue. Think about what your interaction with the attorney was like. Was it in the attorney’s office? Was it over the phone? Was it at a party? The more formal the meeting, the more likely there’s an attorney-client relationship. If you’ve got an actual contract ...

Get The Complete Idiot's Guide® To Lawsuits now with O’Reilly online learning.

O’Reilly members experience live online training, plus books, videos, and digital content from 200+ publishers.