Tagged: intent to deceive

“[A]ttorney malpractice is a failure to exercise ordinary skill and knowledge, where that failure damages a client: ‘To state a cause of action to recover damages for legal malpractice, a plaintiff must allege: (1) that the attorney “failed to exercise the ordinarily reasonable skill and knowledge commonly possessed by a member of the legal profession”; and (2) that the attorney’s breach of the duty proximately caused the plaintiff actual and ascertainable damages.’ Schurz v. Bodian, 2012 WL 502860, *1 (N.Y. App. Div. 2012) (internal citations omitted). See also Legacy Healthcare, Inc. v. Barnes & Thornburg, 837 N.E.2d 619, 624 (Ind. Ct. App. 2006). (attorney malpractice claim involves ‘failure of the attorney to exercise ordinary skill and knowledge (the breach of the duty).’).”

Source: Neal Bowling and Dina M. Cox. “Malpractice v. Misconduct.” pg. 1. May 2012.