What activities are high-risk for legal malpractice? Are there certain practice areas where malpractice claims are more common? An insurance broker called Ames & Gough recently performed an annual survey of professional liability insurers to find out.
Broadly, legal malpractice occurs when your lawyer failed to perform in accordance with accepted legal standards and that failure caused you a financial loss. It's not legal malpractice simply to lose a case or even to make a major mistake. Not every bad outcome is the result of malpractice.
Bayview Loan Servicing, LLC v. Law Firm of Richard M. Squire & Associates, LLC, CA 10-1451, Dec. 14, 2010, 2010 WL 5122003 (E.D. Pa. 2012) is a legal malpractice case concerned with when damages occur, and whether an attorney's actions ...
In Tower Investments Inc. v. Rawle & Henderson LLP, 3291 MAYTERM 2007, 2008 WL 1923170 (Pa. Com. Pl. 2008), a Philadelphia court heard a complaint of legal malpractice alleged against attorneys hired by the insurance company to defend the policy holder. The trial court was considering whether or not the claims could move on to trial. Tower Investments alleged that as part of the settlement in the lawsuit, the attorneys for Rawle and Henderson executed a release contrary to the wishes of the plaintiffs. The plaintiffs brought 4 counts; professional negligence, breach of contract, breach of fiduciary duty, and punitive damages.