Multistate Professional Responsibility Exam Practice Question
Mr. Donovan hired a lawyer to pursue a personal injury claim that had a legal deadline for filing. The lawyer filed the complaint after the deadline, and the court dismissed the entire claim. Mr. Donovan then sued the lawyer for damages. Which statement is accurate about the lawyer's liability?
The lawyer is answerable for the missed deadline if Mr. Donovan demonstrates that he would have recovered an award in the original action and that the tardy filing caused him to lose that recovery
The lawyer is not exposed to malpractice liability if Mr. Donovan also consulted with a second lawyer before the deadline
There is no liability concerns presented.
The lawyer can disclaim responsibility for malpractice in the written agreement with the client
A lawyer's liability for malpractice typically turns on whether the client can show a duty, a lapse in the standard of care, and a direct connection between that lapse and harm. One statement addresses the fact that if Mr. Donovan would have recovered had the lawyer filed correctly, and that the lawyer’s delay was the cause of the lost claim, then liability follows. Another statement is incorrect because the mere existence of co-counsel does not insulate one lawyer from accountability. A further statement is incorrect because disclaiming malpractice responsibility typically does not remove liability for inadequate representation in such circumstances.
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Multistate Professional Responsibility Exam
Competence, legal malpractice, and other civil liability