Legal malpractice in the 7th Edition
of Black's defined as: «A
lawyer's failure to exercise the degree
of care and skill,
prudence, and diligence that an
ordinary and reasonable
lawyer would use under similar circumstances.
Since the late 1800s, the courts had consistently held that liability would be imposed on attorneys for want
of such skill,
prudence and diligence as
lawyers of ordinary skill and capacity commonly possess and exercise.