Legal Negligence

Legal negligence is a serious matter involving the breach of a duty owed by a lawyer to a client resulting in demonstrable damage to the client. Generally, lawyers owe their clients a duty to conduct themselves with the skill, care and diligence of the ordinary qualified practitioner in the subject matter area of their clients' cases. In layman's terms, below-average performance by your lawyer is negligence, if it causes you harm.

What is not Legal Negligence?

The mere fact that you lost your case, or you lost an asset or a legal right, is not by itself evidence of negligence. You still have to show that your lawyer violated the duty of care described above, and that the violation caused your loss. An ordinary, average performance by your lawyer is also not negligence. The fact that an excellent lawyer would have done a better job does not mean that your lawyer's ordinary performance is malpractice, even if you lost.

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