Board of Legal SpecializationPractice Exam

Malpractice in legal practice primarily revolves around the concept of providing inadequate or incompetent legal representation that leads to harm or damage to the client. This means that if an attorney fails to meet the standard of care that other competent attorneys would uphold, and this failure results in a negative outcome for the client—such as financial loss or an unfavorable legal result—then that attorney may be found liable for malpractice.

The essence of legal malpractice lies in the attorney-client relationship, where the attorney is expected to uphold high professional standards. If a lawyer does not act in accordance with these standards, and the client suffers as a result, this failure is what constitutes malpractice. Clients trust their lawyers to competently handle their cases, and when that trust is violated, it can have serious implications for the client’s legal rights and interests.

In contrast, factors like low fees, communication issues, or marketing strategies do not directly assess the capability or performance of the attorney in rendering legal services. While these elements can affect a client's perception of their attorney or the attorney's practice, they are not the core constituents of legal malpractice. Malpractice specifically focuses on the competency and outcomes of legal representation.