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Legal Malpractice Law

The term legal malpractice defines the failure or negligence of an attorney to provide adequate or competent professional legal service to a client. In the incident that a client experiences damages as a result of such negligence, he or she may be able to pursue a legal malpractice claim against the attorney.

For legal malpractice to be “actionable” (having all the components necessary to constitute a viable cause of action), there must be a duty owed to someone, a breach of that duty, and resulting harm or damage that is proximately caused by that breach. The simplest way to apply the concept of proximate cause to legal malpractice is to ask whether, “but for” the alleged negligence, the harm or injury would have occurred?