lpractice
As with physicians, attorneys have long been subject to malpractice liability, with the first known legal practice case being brought in 1796. While some courts have based liability upon contract law, the traditional basis for legal malpractice liability, as well as other forms of professional malpractice liability, has been in tort law, specifically negligence. In defining the duty owed by an attorney to his or her client, courts have articulated variations on the following standard of care: An attorney should exercise the skill and knowledge ordinarily possessed by attorneys under similar circumstances. Among the variations which have been expressed are the following: (1) "The correct standard of care to which the plaintiff is held in the performance of his professional services is that 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." (2) "The standard of care to be applied to an attorney in his relationship to his clients is the care, skill and diligence exercised by attorneys practicing in this community or locality." (3) "Liability will be imposed for a want of such skill, prudence and diligence as lawyers of ordinary skill and capacity commonly possess and exercise."
One example of the various standards of care articulated by courts is that used by Michigan courts. Michigan courts have stated that "an attorney must bring to bear the skill, learning, and ability of the average practitioner of law when conducting legal business for a client." In addition, an attorney "must exercise ordinary care or diligence in the prosecution of the client's interests." This standard of care attaches when the attorney/client relationship begins (such as when the attorney accepts a retainer from this client). In contrast with medical malpractice cases, it is not necessary for the plaintiff in a...