What this means to the modern practitioner is that all players in the game (attorneys, clients, judges and juries), now share the same understanding and appreciation of not only the meaning of
the term legal malpractice, but its role in maintaining the balance between the attorney's prerogatives in selecting strategy and tactics and the clients» right to competent, ethical representation.
The social and etymological maturity of
the term legal malpractice» is reflected in the fact that the 8th and 9th Editions of Black's Law Dictionary have continued to use essentially the same definition, now for over 30 years.
The 8th (1999) and 9th (2009) Edition of Black's uses the same definition as the 7th, reflecting perhaps the full development and meaning of
the term legal malpractice.
This 19th Century troika of «mala» terms is significant in the development of
the term legal malpractice.
How these terms coalesce with the later developed
term legal malpractice is explored below.
Not exact matches
Stated differently, by 1979 the
term «
legal malpractice» had reached a new level of maturity as lawyers joined the ranks of other common tortfeasors such as automobile drivers, premise owners, manufacturers and physicians and surgeons.
In the original California Appellate and Supreme Court reports (1850 — 1934) the
term «
legal malpractice» does not appear once in an advanced word search.
Again, the
term «
legal malpractice» was not included, but the word «
malpractice» did appear for the first time as a primary word.
The 3rd Edition of Black's, published in 1933, still did not include the
term «
legal malpractice», but did expand the application of the
term and make a prophetic reference.
This change is reflected in Black's definition of both the word «
malpractice» and the
term «
legal malpractice».
In it, the
term «
legal malpractice» appears in first position as a subcategory under «
malpractice» but with significant changes.
For the first time the
term «
legal malpractice» appeared as a standalone
term under the word
malpractice.
The faxes sent by defendant to plaintiff seek to speak to
legal issues involving attorney
malpractice; not once by its
terms does it propose a commercial transaction of any kind.
A medical
malpractice lawyer can prove invaluable in
terms of reviewing the facts of a prospective case, providing keen insights regarding
legal strategy and ensuring compliance with the strict statute of limitations provided by Ky..
Legal malpractice is a
term used to describe negligence, breach of contract, or breach of fiduciary duty on the part of an attorney that is detrimental to the client.
The
term «experience» or «experienced,» as used on the Site, Applications, and in other communications in reference to third party attorneys participating in LegalZoom's
legal plans or other attorney access services means that the
legal plan primary handling partner of each law firm fulfills the following: (a) possesses a minimum of five years» experience practicing law, (b) maintains errors and omissions insurance policies consistent with industry standards, (c) is in good standing with the state bar in each jurisdiction in which the attorney is licensed to practice, (d) has no pending
malpractice lawsuit, as of the date of joining one of LegalZoom's
legal plans, and (e) has no public record of discipline by a state bar within the last five years.
For attorneys in search of short
term volunteer opportunities, this site provides a way to do pro bono work that fits into your schedule and provides
legal malpractice insurance for the advice provided within the state.