What is “breach of contract”?
• What must be proven to win a legal malpractice case? • My lawyer is not working with me, not even returning phone calls. What can I do? • Is my attorney able to settle my case without my consent? • How do I handle a check from my lawyer bouncing? • How can I challenge my attorney’s expense reports? • Can I ask my lawyer for a copy of the settlement check? • How do I find out if a lawyer has been disciplined? • How do I get a new lawyer? Q: What is legal malpractice? A: Legal malpractice is the failure of a lawyer to render competent professional service to a client. If the client is damaged as a result of the failure, he or she may have a claim against the lawyer for legal malpractice. There are three major theories of liability: • Negligence • Breach of fiduciary duty • Breach of contract The most common theory of liability used in malpractice cases is negligence. Return to index . . . Q: What is negligence? A: An attorney owes a duty to the client to perform all work relevant to a