When Being Sued for Legal Malpractice, Even Lawyers Need Legal Representation

Professional malpractice comes in many forms and covers anyone who represents him or herself as a professional. If a professional harm his or her client in any way, that professional can be sued for professional malpractice, also known as professional liability.

Most Common Professional Liability

The most common form of professional malpractice is typically, a liability or malpractice suit brought against an attorney. Called legal malpractice, this type of professional liability happens when a client sues his or her former attorney because that attorney:

Breached the contract between his or her clientBreached Fiduciary duty, also known as attorney - client privilegeWas negligent in his or her representation of his or her client

In short, any attorney who has conducted him or herself in a manner that was negligent or otherwise caused his or her client to be harmed during the court proceedings, or other legal proceedings can be held accountable for legal malpractice or professional liability. However, to sue an attorney for legal malpractice, the plaintiff must be able to show "cause of action," and that the attorney was negligent or breached the contract in some way.

Typical examples of cause of action include:

Missing paperwork deadlines, causing a case to be dismissed or a judgment against the clientBreaching attorney client privilege, causing harm to the client in any wayCausing a criminal defendant to be convicted of a crime for which he or she is truly innocent

In other words, if a former client is suing an attorney, the burden of proof rests on that former client. That former client must show that his or her evidence proves that the attorney acted negligently or purposefully to cause the client to be harmed, and that had the attorney not done so, the outcome would have been different, and in favor of the client.

Malpractice Examples

Most often in civil suits, legal malpractice is seen if a plaintiff should be awarded a judgment, but is not because of missed paperwork or missing a statute of limitations. If the client can prove the attorney was negligent then the attorney can be held responsible for the damages that should have been awarded had the client own, in addition to recouping all court and attorney's fees.

In any case of professional liability, the professional typically has an insurance policy that will provide the damages should the attorney being sued lose his or her case. Nevertheless, because a legal malpractice or professional liability judgment in favor of the plaintiff can ruin any good professional's career and even cause that person's professional license to be revoked afterwards. For lawyers, their legal license can be suspended or revoked permanently, or they can be dispelled from the Bar Association. For these and many other reasons, any professional being sued for professional liability, negligence or legal malpractice should retain council experienced in defending legal malpractice and other professional liability cases.

Mary Sharp is a partner with Griffith, Sadler and Sharp PA, who practices in the areas of automobile liability, premises liability, products liability, general tort liability, construction litigation and insurance disputes. For more information on Mary Sharp Beaufort, visit Griffith, Sadler and Sharp, PA.

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