How to Determine Whether a Lawyer’s Mistake Could Be the Basis for a Successful Legal Negligence Lawsuit

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  1. Termination of the Attorney/Client Relationship

      An issue that arises in legal malpractice cases frequently is whether the attorney client relationship had been properly terminated when a particular event occurred.  There are two ways to terminate an attorney-client relationship: 1) as a matter of law; and 2) as a matter of fact. Termination as a matter of law means that […]

  2. Suing an Attorney for Breach of Contract

      While an attorney usually signs a written contract agreeing to represent a client, known as a “retainer,” the grounds upon which an attorney may be sued are generally not contractual.  This is for the benefit of the client, in that it prevents the attorney from drafting a contract hugely to the attorney’s advantage. Duties […]

  3. Can an Initial Consultation Make an Attorney Liable?

    A question that often arises in legal malpractice cases is whether an initial consultation with a potential client, with no written retainer agreement coming out of the consultation, can make an attorney liable to the potential client. One point that appears clear is if an attorney learns in a consultation that the potential client has […]

  4. Examples of Legal Malpractice Cases

      BREACH OF CONTRACT Victims of legal malpractice sometimes seek to bring suit under a breach of contract theory, for various reasons. One reason is because in many states, the winning party in a breach of contract case can receive reimbursement of their attorneys fees.  Another reason is that in most states, the statute of […]