by 
The Curious Bag
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Lawyers who behave badly are sometimes accused of engaging in legal malpractice. Malpractice can cause lawyers to be liable for the damages caused by such malpractice. However, before restitution for the damages can occur, the lawyer's negligence must be proven.
Identification
Lawyers behaving in a negligent manner when consulting clients through their legal practice are engaged in legal malpractice. What is considered legal malpractice is based on the laws of the state.
Requirements
In order for legal malpractice to have occurred, there must have been a lawyer-client relationship, negligence and a specific amount of injury that occurred as a result of the lawyer's negligence.
Proof
In complex cases of legal malpractice, an expert witness is needed to determine whether or not the malpractice occurred. Then, whether or not the lawyer's negligence caused the damages must be determined.
Lawyer Liability
Lawyers must make grossly poor judgments in order to be responsible for the damages. Lawyers who simply made mistakes that had good intentions are not liable.
Examples
Examples of legal malpractice include the lawyer having a conflict of interest, misuse of the client's funds, improper legal advice and obstruction of justice.
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