What is Breach of Duty of Care?
An attorney breaches his or her professional duty of care if he or she fails to provide reasonably competent representation or violates his or her fiduciary obligations. Proving an attorney failed to provide reasonably competent representation can be difficult. The law in many states, including Washington, generally requires testimony from another attorney in the same or similar field of practice to testify that the lawyers actions were below the minimum standard of care. Lawyers can disagree on whether a particular course of action is reasonably competent. Whether an alternative course of action would have provided a better result, often requires a trial.
