What is "legal malpractice"?

Legal malpractice refers to a situation where a lawyer or paralegal fails to provide competent representation to a client, leading to harm or negative consequences for that client. This encompasses various forms of inadequate conduct including poor advice, errors in judgment, failure to meet deadlines, or any action (or inaction) that falls below the standard expected from a legal professional.

The key aspect of legal malpractice is that the failure must cause actual harm to the client. This harm could be financial, reputational, or could result in a loss of legal rights. The essence of legal malpractice hinges on the relationship of trust and duty that a legal professional has towards their client, as well as the expectation that they will act in the client’s best interest with the requisite level of skill and care.

While ethical violations and failure to file documents on time can be components of legal malpractice cases, they alone do not encapsulate the definition. Legal malpractice must demonstrate that the breach of duty directly resulted in harm to the client, distinguishing it from other disciplinary measures or administrative failures within the legal profession.