Legal malpractice claims arise when a lawyer fails to exercise ordinary care in the representation of a client.
If the failure of the lawyer to exercise ordinary care proximately causes the client to lose a case that the client would ordinarily not have lost, then a legal malpractice claim may exist.
In order to successfully prosecute a legal malpractice claim one must be able to establish that “but for” the negligence of the lawyer, the outcome of the case would have been different.
As a result, it is often said that a legal malpractice case consists of a case within a case. In other words, the injured client has the burden to prove the merits of their underlying case in order to demonstrate that the lawyer’s negligence was the proximate cause of them losing the underlying case.
Commercial law, also known as business law, is an area of law that applies to the rights, relations, and conduct of persons and businesses engaged in commerce, merchandising, trade, and sales. Our experienced attorneys focus on the counseling and handling of complex litigation involving business clients in disputes with other businesses or groups of individuals, each of which necessarily involves an understanding of both the business issue and the industry of the client. Our attorneys prosecute and defend lawsuits in state and federal courts throughout the state. Our firm handles all types of business issues and disputes, including:
• Breach of contract
• Business torts
• Product liability
• Professional malpractice
• Intellectual property and privacy law