Summary

Document Cited authorities (5) Cited in Related
JurisdictionWashington

Chapter Details


I. Elements of a Legal Malpractice Claim
A. Existence of an Attorney-Client Relationship and Standing by Nonclients
1. Clients
2. Nonclients
B. Standard of Care
C. Damages
D. Causation
1. Cause in Fact
2. Legal Causation
II. Defenses to a Legal Malpractice Claim
A. Negating the Elements of a Claim
B. Comparative Fault
C. Statute of Limitations
III. Other Theories of Lawyer Liability
A. Breach of Fiduciary Duty
B. Breach of Contract
C. Consumer Protection Act

ANALYSIS & COMMENTARY

This chapter surveys legal malpractice and related theories of lawyer civil liability in Washington.1As discussed in Chapter 5 of this book, a lawyer has duties of competence and diligence under the Rules of Professional Conduct (RPC). Those rules do not, however, define the precise scope of lawyer civil liability. Rather, legal...

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