Professional malpractice is the term for the negligence of an attorney, accountant or other professional who fails to provide services in accordance with acceptable standards of practice in that particular profession. Furthermore, professional malpractice requires a showing of an economic loss that would not have happened had the professional not been negligent.
For example, an attorney may be liable for damages for legal malpractice due to the failure to file a lawsuit before the statute of limitations expires, or if the attorney fails to timely file a patent application, resulting in a monetary loss to the client. In order for such an act to give rise to a viable claim for legal malpractice, the client must show that the attorney’s acts were not merely the result of poor strategy, but that they were the result of errors that no reasonable attorney would make. Legal malpractice can also occur when an attorney breaches a fiduciary duty to his or her client. This occurs when an attorney fails to act in the interest of the client, causing a monetary loss to the client.
If you believe that you have incurred an economic loss due to professional negligence, contact the Law Firm of Andrew R. Leder at 516-213-5000