Legal Malpractice: The Plaintiff's Perspective
Maryland Bar Journal, Vol. 16, No. 8, September 1983, pp. 6-8
4 Pages Posted: 19 Sep 2014
Date Written: September 1, 1983
Abstract
Lawyers are learning that, except for their notoriously large egos, they are pretty much like other people. That is, they, like others, can be sued for real or imagined instances of negligence. A perusal of reported decisions shows that suits against lawyers are more frequent than they were a generation ago. See generally, Rottman and Stern, The Lawyer Malpractice Problem, Case and Comment (July-August 1973), p. 13. Legal malpractice insurance premiums have risen accordingly. An awareness of what has been happening in and to the legal community substantiates that more and more claims against lawyers either are settled prior to suit or are settled after suit has been filed but before the case reaches the appellate courts.
Lawyers should be on notice that "the time has come for lawyers to be responsible for their mistakes and their lack of attention to their professional responsibilities. Brown v. E. W Bliss Co., 72 ER.D. 198 (D. Md. 1976). While it is unrealistic to treat a lawyer as an insurer for successful results for his client, it certainly is not unfair to require that he render prompt and reasonably competent services in exchange for his fees.
Keywords: lawyer malpractice, attorney malpractice, legal malpractice, negligence, suits against lawyers, malpractice insurance premiums, professional responsibility
JEL Classification: L84, K19, K29, K39, K49
Suggested Citation: Suggested Citation