3:1 Introduction

• Jurisdiction: Arizona

§ 3:1 Introduction

When a former client sues an attorney for hir or her conduct as an attorney, the most commonly asserted legal theory is negligence.

Kaufman v. Jesser,^[56] contains an excellent overview of Arizona professional negligence law as it applies to attorneys:

In Arizona, ‘an attorney must act for his client in a reasonably careful and skillful manner in light of his special professional knowledge.’ Cecala v. Newman, 532 F.Supp.2d 1118, 1134 (D. Ariz. 2007) (quoting Martin v. Burns, 102 Ariz. 341, 343, 429 P.2d 660, 662 (Ariz.1967)).

‘Although held to standards of care and loyalty, lawyers are not guarantors of successful litigation outcomes.’ Id. (citing Talbot v. Schroeder, 13 Ariz. App. 230, 231, 475 P.2d 520, 521 (Ariz. Ct. App. 1970)). ‘Malpractice liability attaches only when the breach of the...