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What Is Attorney Malpractice?

Attorney malpractice refers to a situation where a legal representative exploits their rights and privileges for their own personal gain or for the gain of another party without the consent of the attorney's client(s). Additionally, the term may refer to a case where an attorney simply fails to provide coherent and complete service and leads to damages to their client's property or reputation, when it can be proven that the attorney could have performed better and avoided the situation altogether.

There are various examples of attorney malpractice, both theoretical and in practice, but the most common ones are related to simple negligence - i.e., forgetting to fill out an important document, failing to notify the client of crucial aspects of the case that have the potential to change its outcome, and otherwise omitting important details which lead to a negative outcome for the case.

Attorney malpractice can also occur when the attorney has made an illegal deal with a third party to underperform in serving their client, when it's in the interest of that third party that the attorney's client fails their court case. This can be a lot more difficult to prove than cases of negligence, as attorneys who engage in this practice can be very crafty in masking their intents and affiliations, going as far as to make it look like they're actually doing their best and working at their full potential while they're practically doing next to nothing.

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