Malpractice (Legal)
What does "Malpractice (Legal)" mean in law?
Legal malpractice is a civil cause of action in which a client sues an attorney for professional negligence, requiring proof of four elements: (1) the existence of an attorney-client relationship establishing a duty of care, (2) breach of that duty by failing to exercise the skill and knowledge ordinarily possessed by attorneys in good standing, (3) actual and proximate causation (often called the "case within a case" requirement, meaning the client must show they would have prevailed in the underlying matter but for the attorney's negligence), and (4) damages. Malpractice is distinct from disciplinary violations; a lawyer can be disciplined without being liable for malpractice, and vice versa. Most jurisdictions apply a statute of limitations that begins to run when the client knew or should have known of the attorney's error.
Definition
Legal malpractice is a civil cause of action in which a client sues an attorney for professional negligence, requiring proof of four elements: (1) the existence of an attorney-client relationship establishing a duty of care, (2) breach of that duty by failing to exercise the skill and knowledge ordinarily possessed by attorneys in good standing, (3) actual and proximate causation (often called the "case within a case" requirement, meaning the client must show they would have prevailed in the underlying matter but for the attorney's negligence), and (4) damages. Malpractice is distinct from disciplinary violations; a lawyer can be disciplined without being liable for malpractice, and vice versa. Most jurisdictions apply a statute of limitations that begins to run when the client knew or should have known of the attorney's error.
Example
A client sues her former attorney for malpractice after the attorney missed the statute of limitations on a personal injury claim, and the client must prove in the 'case within a case' that she would have won the underlying lawsuit.