Multistate Professional Responsibility Exam Practice Question
Jace retained Lina to manage a property lawsuit. Lina failed to submit important documents before the deadline, and Jace’s suit was dismissed. Jace wants to recover for malpractice. Which answer is best?
He must show that Lina’s actions violated a procedural rule and created a setback for his personal well-being.
There is no liability concern.
He must show that Lina did not inform him about potential sanctions, even if there was no proven harm related to her omission.
He must show that Lina owed him a duty, that she breached that duty, that he was harmed by the breach, and that the breach caused the harm.
An attorney generally faces malpractice liability if the client proves the presence of a duty, a breach of that duty, actual damages, and a causal link between the breach and the loss. An ethics rule violation does not automatically create a malpractice claim unless the client can show harm and causation. Failing to communicate about possible penalties also does not establish malpractice without evidence that the client suffered measurable damages from that breach.
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Multistate Professional Responsibility Exam
Competence, legal malpractice, and other civil liability