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9 Cards in this Set
- Front
- Back
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Required Standard of Care
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“The degree of care, skill, diligence and knowledge commonly possessed and exercised by a reasonable, careful and prudent lawyer in the practice of law in this jurisdiction”
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Settlement Duties
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There is a duty to attempt to effectuate a reasonable settlement where standards of professional care in the jurisdiction should lead the lawyer to conclude that settlement will be the most reasonable way to achieve the clients goals. The lawyer must do legal and factual research to determine its adequacy
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Ways to be liable to clients (3)
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1) Breach of Duty of Care:
2) Fraud and Misrepresentations 3) Breach of Fiduciary Duties |
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Breach of Duty of Care (2)
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1) Errors of judgment:
2) Knowledge of Law: |
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Errors of judgment
(Breach of Duty of Care) |
An attorney is not liable for negligence if the judgment was WELL-INFORMED AND REASONABLY MADE.
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Errors of judgment
(Breach of Duty of Care) |
A lawyer is expected to know the ordinary, settled rules of law known to practitioners of ordinary competence and diligence. And lawyers must do research to look up laws they don’t know.
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Liability to Third Parties
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There is liability when a lawyer prepares a document that the lawyer has a REASONABLY good idea that a third party will rely upon it.
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Vicarious Liability of Partners
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Partner’s are responsible for eachother’s professional failures
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Ethical Rules
(Proving Malpractice) |
A violation of ethical rules does not automatically mean that a lawyer has committed malpractice. However they are RELEVANT EVIDENCE
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