Attorneys and Harmless Error

Former Chief Justice Rehnquist once famously stated: “The constitution entitles a criminal defendant to a fair trial, not a perfect one." This statement was made in the context of the “harmless error rule,” a mechanism that prevents a party from appealing an adverse judgment on the basis of incorrect but minor (a.k.a. “harmless”) procedural decisions made by the trial judge. But does the harmless error rule apply to trial lawyers as well as trial judges?

In many ways, yes. It may seem counter-intuitive, but if an attorney errs in your legal representation, that does not necessarily equate to a good legal malpractice case. In order to win a legal malpractice suit, the plaintiff must prove that but for the error, the plaintiff would have won the case. In short, even if an attorney misses a deadline or offers bad advice, you must still prove that the attorney’s error was the cause of damages to the client. Otherwise, the error will  be deemed harmless—like they say, “no harm, no foul.” If you’re attorney has made an error in your representation call us at 860-561-0651 or 888-sta-nger or email us at info@stangerlaw.com.