Friday, July 31, 2009

What is Connecticut Legal Malpractice?

Not everyone is clear as to what constitutes legal malpractice in Connecticut, but we can help. In Connecticut, legal malpractice has been defined as the failure to “exercise that degree of skill and learning commonly applied under all the circumstances in the community by the average prudent reputable member of the profession...result[ing in] injury, loss, or damage to the [client]” Davis v. Margolis, 215 Conn. 408, 415, 576 A.2d 489 (1990).

Some of the complaints that may lead to a legal malpractice lawsuit in Connecticut include: mishandling client funds, incompetence or inexperience, missing a statute of limitation, missing another important court deadline that has a negative impact on the case, failing to properly advise a client about their options, failing to properly gather the proper evidence needed to present a comprehensive case, failing to prosecute a case and having it dismissed and conflicts of interest between lawyer and client that go unaddressed.

All of the above are examples of a lawyer acting negligently in failing to exercise the “degree of skill and learning commonly applied” by the “average prudent reputable” lawyer. Id. If the client can prove damages as a result of this negligence they may have grounds for pursuing a Connecticut legal malpractice law suit.

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