Including Breach of Fiduciary Duty and Attorney Negligence
Did your attorney commit legal malpractice?
In recent years, the number of lawyers across the country has grown tremendously. As the sophistication of practice in various specialty areas has become more prevalent, the opportunity for an attorney to commit malpractice has increased.
If you believe you may have a legal malpractice case, contact the law offices of Richard A. Klass, Esq. by phone or e-mail.
The two most essential elements of a legal malpractice case are:
- The client can prove that the lawyer committed malpractice, negligence, breach of contract, or breach of fiduciary duty; and
- That “but for” the malpractice, negligence or breach of contract/duty of the lawyer, the client would have prevailed in the underlying litigation or transaction.
Basically, the client must show that the lawyer caused the client’s damages.
Types of legal malpractice cases include:
Negligence
Similar to a medical malpractice case, the attorney’s conduct is judged as to whether it met the “standard of care” expected of other attorneys in the area, or whether that conduct deviated from the norm.
Breach of contract
When an attorney is retained by a client, there are implicit and explicit agreements as to the scope of the work to be performed, the manner in which it is to be done, and obligations of the parties. Generally, there will be a retainer agreement setting forth all of the obligations of the parties. Breach of the contract for legal representation may be proved to have occurred.
Fraud
Fraud involves the intentional misrepresentation of material facts which adversely affects the client.
Theft
Conversion of moneys or property of a client may take a few forms. For instance, a lawyer may overbill for services not performed, or retain funds from a settlement that do not belong to the attorney.
Breach of fiduciary duty
Sometimes, the attorney will be acting in a fiduciary capacity, such as by power-of-attorney, and has certain responsibilities of ensuring that the attorney puts the client’s interests ahead of all others.
LawCurrents, Our Newsletter
Action Brought by Exotic Dancer for Violations of the Fair Labor Standards Act and More.
She was an exotic dancer at a strip club. At the strip club, patrons would throw cash tips towards the stage in a manner that forced the dancers and bartenders to fight over who would get to keep them. She alleged this was designed to encourage scenes of dancers and bartenders crawling around to the entertainment of the patrons. Sexual advances towards the exotic dancers were alleged to be constant, flagrant and offensive; entertainers who capitulated to them were rewarded with more frequent and better shifts. Sometimes, she claimed that managers or promoters would “make it rain” by throwing large amounts of dollar bills over her head while she engaged in a sexual act. She alleged that the strip club created a hostile work environment….
…Ultimately, a large Judgment was entered against the strip club (which was already closed down) and owner in favor of the plaintiff. But, as many of you know, a Judgment without enforcement is only a piece of paper!…
The PDF version of the current newsletter is available here.
Subscribe today to our newsletter. Free.
No cost to you and you can unsubscribe anytime. Just write us and ask to be added to the email list for the newsletter.
[Contact] [Legal Malpractice FAQ] [Legal Malpractice News and Blog] [Professionals, Staff and Of-Counsel] [Publications] [Legal Malpractice Articles] [Richard A. Klass, Esq.: Biography] [Sitemap] [Blog] [Areas of Practice]
