Multistate Professional Responsibility Exam Practice Question
A client alleges that her attorney committed legal malpractice while handling her case. Which of the following must the client prove to establish a malpractice claim?
The attorney charged higher fees than initially discussed
The attorney and client had a disagreement over case strategy
The attorney did not follow through with the agreed-upon settlement terms
The attorney breached the duty of care owed to the client
To establish a legal malpractice claim, the client must demonstrate that the attorney breached the duty of care owed to them, which directly led to the client's harm. The breach can involve negligence or failure to perform according to professional standards. Intent to harm is not required, and having a written contract or fee disputes are not necessary elements of a malpractice claim.
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Multistate Professional Responsibility Exam
Competence, legal malpractice, and other civil liability