Legal Malpractice

It is professional misconduct for a lawyer to: (a) violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another; (b) commit a criminal act that reflects adversely on the lawyer's honesty, trustworthiness or fitness as a lawyer in other respects; (c) engage in conduct involving dishonesty, fraud, deceit or misrepresentation; (d) engage in conduct that is prejudicial to the administration of justice; (e) state or imply an ability to influence improperly a government agency or official or to achieve results by means that violate the Rules of Professional Conduct or other law; or (f) knowingly assist a judge or judicial officer in conduct that is a violation of applicable rules of judicial conduct or other law.

The legal profession has existed for over two thousand years. From the Greek city-states and the Roman Empire to present day United States, legal advocates have played a vital and active role in the formulation and administration of laws. Because of their role in society and their close involvement in the administration of law, lawyers are subject to special standards, regulation, and liability. Sometimes called legal ethics, sometimes professional responsibility, the topic is perhaps most comprehensively described as the law governing lawyers.

Legal malpractice is the term for negligence, breach of fiduciary duty, or breach of contract by an attorney that causes harm to his or her client. In order to rise to an actionable level of negligence, the injured party must show that the attorney's acts were not merely the result of poor strategy, but that they were the result of errors that no reasonable attorney would make.

LegalEthics.com is a web site focused on the ethical issues associated with the use of technology by legal professionals. It is is updated by Professor David Hricik of Mercer University School of Law and Peter Krakaur.

Although many U.S. lawyers are unaware of the fact, the General Agreement on Trade in Services applies to legal services. By joining the World Trade Organization in 1994, the U.S. agreed to be bound by the GATS. There currently are two "tracks" of activities of which U.S. lawyers should be aware. "Track 1" is the current round of negotiations to further liberalize trade in legal services. These negotiations are required by the GATS. "Track 2" involves the question of whether the WTO will adopt any "disciplines on domestic regulation," pursuant to GATS Article VI:4, that would apply to the regulation of the legal profession.

The Committee's Lawyers’ Professional Liability Consortium (LPLC) provides a place where practicing lawyers, insurance professionals, academics and risk managers meet to exchange views, share knowledge and learn the latest information about the law of lawyering.

The National Organization of Bar Counsel (NOBC) had its genesis in the late 1950’s and early 1960’s when lawyer discipline counsel from around the country began meeting with each other at American Bar Association meetings about matters of common concern, such as professional ethics and the unauthorized practice of law.

The world that faces American lawyers and law firms today poses new and different challenges that seem to change almost Blind Justice daily. The email newsletter Ethics and Lawyering Today, published roughly once a month, is where practicing lawyers stay current on the many ethics rules and other law that govern how they practice. Authors William Freivogel and Lucian Pera take a pithy, practical approach in this newsletter, delivering short descriptions of important new cases, opinions, and other developments, often with links to full text documents. Current and past editions of the newsletter are available on the site.