Best Lawyers for Legal Malpractice Law - Defendants in West Virginia, United States

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Lawyer
  • Location:
    Morgantown, West Virginia
  • Practice Areas:
    Professional Malpractice Law - Defendants Personal Injury Litigation - Defendants Health Care Law Legal Malpractice Law - Defendants Medical Malpractice Law - Defendants
Lawyer
  • Location:
    Morgantown, West Virginia
  • Practice Areas:
    Personal Injury Litigation - Defendants Commercial Litigation Professional Malpractice Law - Defendants Health Care Law Bet-the-Company Litigation Litigation - Real Estate Legal Malpractice Law - Defendants Medical Malpractice Law - Defendants
Lawyer
  • Location:
    Charleston, West Virginia
  • Practice Areas:
    Legal Malpractice Law - Defendants Bet-the-Company Litigation Commercial Litigation Litigation - Real Estate Litigation - Construction Personal Injury Litigation - Defendants
Lawyer
  • Location:
    Clarksburg, West Virginia
  • Practice Areas:
    Legal Malpractice Law - Defendants Insurance Law Personal Injury Litigation - Defendants
Lawyer
  • Location:
    Huntington, West Virginia
  • Practice Areas:
    Railroad Law Appellate Practice Bet-the-Company Litigation Product Liability Litigation - Defendants Commercial Litigation Mass Tort Litigation / Class Actions - Defendants Litigation - Environmental Litigation - Banking and Finance Litigation - Labor and Employment Personal Injury Litigation - Defendants Legal Malpractice Law - Defendants
Lawyer
  • Location:
    Wheeling, West Virginia
  • Practice Areas:
    Commercial Litigation Personal Injury Litigation - Defendants Criminal Defense: White-Collar Corporate Governance Law Litigation - Land Use and Zoning Bet-the-Company Litigation Litigation - Mergers and Acquisitions Legal Malpractice Law - Defendants Qui Tam Law Litigation - Construction

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Practice Area Definition

Legal Malpractice Law - Defendants Definition

Because the laws governing claims against lawyers are complex and evolving, potential plaintiff and defendant lawyers and law firms need to carefully select their counsel.

While former clients are the most common plaintiffs, lawyers and law firms also can be sued by individuals or entities that they never represented. Former clients typically bring claims for legal malpractice (also known as professional negligence), alleging that a lawyer or law firm failed to properly handle a business transaction, lawsuit or some other matter. Depending on the circumstances, the former client may also assert claims for breach of contract or breach of fiduciary duty. Persons who were never clients of a lawyer may be able to bring a professional negligence or breach of fiduciary duty claim against the lawyer if they can show that they were expected to receive the benefit of a lawyer’s services or were otherwise owed a duty by a lawyer. Lawyers also can be sued for allegedly aiding and abetting torts committed by their clients, such as fraud, breach of fiduciary duty, or malicious prosecution.

Lawyers who sue or defend lawyers and law firms need to have the experience and judgment to assess the strengths and weaknesses of these claims and efficiently manage their litigation. Because legal malpractice plaintiffs are obligated to prove that a lawyer’s conduct fell below the standard of care, which is often the subject of expert testimony, lawyers prosecuting and defending legal malpractice claims must understand the applicable law and make effective use of expert testimony. They must also understand, and critically analyze, the plaintiff’s burden of proving that the lawyer’s or firm’s conduct resulted in actual harm, which in many jurisdictions requires a plaintiff to prove “the case within a case.” Some available defenses are unique to legal malpractice cases. Lawyers handling legal malpractice and breach of fiduciary duty claims should also have a firm grounding in the ethical rules governing lawyers’ conduct, since such claims often arise from alleged violations of those rules and their assertion may implicate a lawyer’s ethical obligations.
Because the laws governing claims against lawyers are complex and evolving, potential plaintiff and defendant lawyers and law firms need to carefully select their counsel.

While former clients are the most common plaintiffs, lawyers and law firms also can be sued by individuals or entities that they never represented. Former clients typically bring claims for legal malpractice (also known as professional negligence), alleging that a lawyer or law firm failed to properly handle a business transaction, lawsuit or some other matter. Depending on the circumstances, the former client may also assert claims for breach of contract or breach of fiduciary duty. Persons who were never clients of a lawyer may be able to bring a professional negligence or breach of fiduciary duty claim against the lawyer if they can show that they were expected to receive the benefit of a lawyer’s services or were otherwise owed a duty by a lawyer. Lawyers also can be sued for allegedly aiding and abetting torts committed by their clients, such as fraud, breach of fiduciary duty, or malicious prosecution.

Lawyers who sue or defend lawyers and law firms need to have the experience and judgment to assess the strengths and weaknesses of these claims and efficiently manage their litigation. Because legal malpractice plaintiffs are obligated to prove that a lawyer’s conduct fell below the standard of care, which is often the subject of expert testimony, lawyers prosecuting and defending legal malpractice claims must understand the applicable law and make effective use of expert testimony. They must also understand, and critically analyze, the plaintiff’s burden of proving that the lawyer’s or firm’s conduct resulted in actual harm, which in many jurisdictions requires a plaintiff to prove “the case within a case.” Some available defenses are unique to legal malpractice cases. Lawyers handling legal malpractice and breach of fiduciary duty claims should also have a firm grounding in the ethical rules governing lawyers’ conduct, since such claims often arise from alleged violations of those rules and their assertion may implicate a lawyer’s ethical obligations.