Standard of Care for Legal Specialists
July 22, 2011 By Brien Roche Law
The standard of care for a legal specialist may be different than that for a general practitioner. The Second Restatement of Torts provides that a professional is held to a general standard of care unless that person represents that he or she has greater or less skill or knowledge than members of the profession normally have.
The California case of Wright v. Williams 121 Cal. RPTR. 194 (Court of Appeals 1975) ruled that a lawyer holding himself or herself out as a specialist is subject to a standard of care measured by other specialists and not to the lesser standard of care to which a general practitioner may be held. In fact a specialist may be liable under State Deceptive Trade Practices statutes if they have advertised themselves as being specialists but have failed to perform at the level of a specialist.
The down side of establishing a standard of care applicable to a specialist is that the Plaintiff may need a specialist in that field to establish the standard.
If the attorney involved is a general practitioner then the breach of duty by that attorney may not only be the negligent handling of the matter but it may be handling the matter at all. It may the duty of the attorney who is a general practitioner to refer the client to a specialist.
ABOUT THE AUTHOR: Brien Roche
Brien Roche has been practicing in Northern Virginia and Washington, DC for over 35 years.
Copyright Brien Roche Law
More information about Brien Roche Law
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
The down side of establishing a standard of care applicable to a specialist is that the Plaintiff may need a specialist in that field to establish the standard.
If the attorney involved is a general practitioner then the breach of duty by that attorney may not only be the negligent handling of the matter but it may be handling the matter at all. It may the duty of the attorney who is a general practitioner to refer the client to a specialist.
ABOUT THE AUTHOR: Brien Roche
Brien Roche has been practicing in Northern Virginia and Washington, DC for over 35 years.
Copyright Brien Roche Law
More information about Brien Roche Law
View all articles published by Brien Roche Law
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
