 Duty & Breach FAQs
 What duties does my lawyer owe to me as the client? - What does “standard of care” mean?
- But what does that MEAN?
- What if the lawyer does not meet the standard of care?
- What does “attorney-client relationship” mean?
- Can I sue a lawyer if he or she was not my lawyer, but the work was done for my benefit?
- The lawyer on the other side of my case has said and done things I consider improper. Can I sue him for malpractice?
1. What duties does my lawyer owe to me as the client?
Stated broadly, a lawyer owes a number of duties to a client. One is a duty of loyalty, meaning that the lawyer is supposed to put the client’s interests ahead of other persons, including those of the lawyer. Another is a duty to provide representation within the standard of care.
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2. What does “standard of care” mean?
The standard of care is the degree of skill, care, and diligence ordinarily possessed and utilized by a lawyer representing a client under the same or similar circumstances.
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3. But what does that MEAN?
It means that a lawyer is supposed to perform at or above a minimum baseline that is expected of a member of the profession. He or she does not need to be a “great” or even necessarily a very good lawyer, just one that meets this minimum standard.
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4. What if the lawyer does not meet the standard of care?
When a lawyer deviates from (or “breaches”) the standard of care, this can give rise to a claim of legal malpractice, because the lawyer has gone below that required degree of skill.
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5. What does “attorney-client relationship” mean?
An attorney-client relationship comes into existence when a person seeks legal advice from a lawyer. Typically the relationship is formalized by a contract of employment (sometimes called an engagement letter or engagement agreement) between the lawyer and the client. The client hires the lawyer to perform certain legal tasks and functions for the client.
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6. Can I sue a lawyer if he or she was not my lawyer, but the work was done for my benefit?
In some circumstances, yes. For example, if you were the intended beneficiary of a will that was drafted by a lawyer, and due to the lawyer’s error you did not receive what the testator (the person whose will it was) wanted you to receive, you may have a claim against the negligent lawyer. In other cases, it is sometimes not necessarily clear for whom the lawyer was working, as for example in a real estate closing. (In many cases, the closing attorney is considered to be working for the mortgage lender, not the buyer or seller.) Each situation must be evaluated on a case by case basis.
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7. The lawyer on the other side of my case has said and done things I consider improper. Can I sue him for malpractice?
No. In very rare cases, there may be some basis to make a claim against an opposing lawyer (i.e., the one representing the party on the other side of a lawsuit). But because that lawyer is not in an attorney-client relationship with you, you cannot sue for malpractice.
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