3:3 The Role of an Agreement Between Attorney and Client in Defining the Standard of Care

• Jurisdiction: Arizona

§ 3:3 The Role of an Agreement Between Attorney and Client in Defining the Standard of Care

Agreements between the attorney and client are sometimes raised by both plaintiffs and defendants in legal malpractice actions. The primary relevance of an agreement to a negligence claim is to help determine:

(a) whether the attorney had a duty (a necessary element for negligence)^[64] to perform certain acts; and

(b) whether the plaintiff is limited to a negligence theory or may also plead breach of contract.

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