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Malpractice is a breach by a professional in the standard of care or in the standard of conduct. Malpractice is negligence or misconduct by a professional, such as a lawyer, a doctor, a dentist, or an accountant. Malpractice is when a client or patient is injured or damaged to a failure in the standard of care or conduct. Legal malpractice falls under a specific set of guidelines that may vary from state to state. A lawyer has a duty to act with honesty, good faith, fairness, and integrity in all dealings with a client. There are four general areas of legal malpractice: Negligent errors are most commonly associated with legal malpractice. This is when a lawyer commits an error that would have been avoided by a competent lawyer. A lawyer is expected to have the legal skill and experience normally possessed by members of the profession. A client can charge his lawyer with malpractice if the lawyer gave improper advice, failed to file documents, does not prepare documents, or make a faulty analysis in examining the title to real estate. If an error occurs because an issue of law is debatable or unsettled then a legal malpractice suit is not likely to succeed. Malpractice may be charged when there is negligence in the professional conduct. Lawyers who handle the attorney-client relationship unprofessionally or improperly may be charged with misconduct. This includes: Fee disputes are when a lawyer sues a client for recovery of fees. In this case the client may claim malpractice as a defense resulting in a reduction or elimination of the lawyer's fees. Due to this the frequency of these claims is reducing. Claims made by a non-client against a lawyer are when a third party is injured by the lawyer's representation. This does not involve a deficiency of service provided to the client. In representing the client if any emotional distress, abuse of process, or defamation is caused to a third-party it may result in a legal malpractice suit. These suits are rarely successful except for malicious prosecution. A licensed member of the legal profession currently practicing law must make determining legal malpractice. Many factors affect this determination such as state laws and the time from the injury to when the case is filed. IF YOU OR SOMEONE YOU KNOW HAS BEEN SERIOUSLY INJURED, YOU NEED THE LAW FIRM OF BOURGAULT & HARDING CALL 800.880.1438 Copyright 2006 - All Rights Reserved Bourgault & Harding, A Law Firm 1100 East Bridger Ave, Las Vegas, NV 89101 tel 702.384.8023 fax 702.384.5731 Nevada Legal Malpractice Attorneys Disclaimer: The Las Vegas Auto Accidents, and Big-Rig Accidents, Motorcycle Accidents, Bicycle Accidents, Airplane Accidents, Bus & Train Accidents, Pedestrian Accidents, Boating & Watercraft Accidents, Swimming Pool Accidents, Amusement Park Accidents, Construction Site Accidents, Drunk Driver Accidents, Defective Roads Accidents, Wrongful Death, Spinal Cord Injury, Traumatic Brain Injury, Burn Injury, Animal Attacks/Dog Bite, Slip and Fall Accidents, Premises Liability, Dangerous Drugs Litigation, Defective Medical Devices, Medical Malpractice, Legal Malpractice, Product Liability, Toxic Substances in Nevada. Please contact a Nevada Personal Injury Lawyer, Las Vegas Personal Injury Attorney. This web site is not intended to solicit clients for matters outside of the state of Nevada. ©2006 The Law Offices of Bourgault & Harding. Las Vegas, Nevada Personal Injury Lawyers, serving the communities of: Las Vegas, Clark County Nevada. 
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