What is negligence?
An attorney owes a duty to the client to perform all work relevant to a case with the standard of care expected of the “average” attorney in the same or a similar situation. If the attorney fails to perform at the level of an average attorney, there may be negligence and liability for legal malpractice. If an attorney presents himself out to be an expert in an area of law, the standard of care is that of the “ordinary” expert in the field. Return to index . . .
The critical issue in many personal injury cases is just how a “reasonable person” was expected to act in the particular situation that caused the injury. A person is negligent when he or she fails to act like an “ordinary, reasonable person.” The determination of whether a given person has met his/her “ordinary reasonable person” standard is often a matter that is resolved by a jury after presentation of evidence and argument at trial.
