What is attorney malpractice?
In general, attorney malpractice occurs when an attorney breaches his or her duty to a client to perform legal services according to the minimum standard of professional care imposed by law, resulting in damage to the client. Negligence, breach of contract, breach of fiduciary duty, fraud, and violations of the Massachusetts Consumer Protection Act are some of the theories we use when bringing claims against lawyers for malpractice. Legal malpractice in most cases requires the existence of an attorney client relationship, either by express agreement or by implication. A formal attorney-client relationshipis not required, nor is it necessary that the attorney was performing legal services for compensation. When a client retains an attorney, an attorney-client relationship is created with the retained attorney, and any attorney who is a partner or employee of the retained attorney. The law gives considerable latitude to attorneys in matters of tactics and judgment. In litigation matters
