Breach of Contract Lawyer
A ‘tort’ involves a duty imposed without benefit of a contract, such as the duty not to run a red light and hit someone with your car. By contrast, a ‘contract’ imposes duties established by a legally enforceable agreement. Legal malpractice is a tort and is generally defined by courts across the country as the failure of an attorney to act as a reasonable and prudent attorney in the same or similar circumstances would act, causing damages.
This is a fancy way of saying an attorney’s duties to their client are those generally imposed upon all attorneys, not just those set forth in the attorney’s contract for employment.
Sometimes clients want to sue their attorney under a breach of contract theory, but this generally is not available to the client. This is because courts generally only allow a client to sue an attorney for breach of contract if: 1) the contract for legal employment requires the lawyer to do a specific act which would not be part of their general duties as an attorney; and 2) if there was total nonperformance of those specific acts required by the contract. This does not come up very often.