Rummel v. Estelle

Legal malpractice occurs when a lawyer fails to honor the interests of his or her client or commits an ethical or procedural transgression that results in injury to the client.

Most claims of legal malpractice can be placed into one of four categories: negligent court-related mistakes by the lawyer, such as the failure to file documents on time; negligence or misconduct in the professional relationship with the client, such as mishandling of client funds or representation of interests that are adverse to the client; misconduct related to arrangements with the client, such as the overcharging of fees; and transgressions identified by parties other than the client. This last category consists of errors that are based on the manner in which the attorney represented the client, and includes such claims as defamation, intentional infliction of emotional distress, malicious prosecution, filing of court documents in bad faith, and abuse of process. Such claims generally are not as successful as claims based on fees, negligent mistakes, and negligent dealings with the client.