Similar to a “doctor-patient” relationship, an attorney has an ethical and legal duty to his/her client once a retainer has been signed. This duty, known as “fiduciary,” requires a lawyer to exercise the utmost care and to treat the interests of his/her client as if they were his/her own. The client is entitled to place complete trust and confidence in the lawyer and rely on his/her advice. If a lawyer acts in a negligent manner when providing legal advice or representation, it is known as legal malpractice.
In order to prove legal malpractice, a plaintiff must establish that an attorney-client relationship existed and that the attorney violated the standard of care that governed the legal representation. It must also be demonstrated that the plaintiff suffered damages as a proximate result of the lawyer's negligence or misconduct. Even if all other elements of a legal malpractice case are established, if the plaintiff cannot show that any damages resulted, the lawyer will typically be entitled to a dismissal of the case.
Stratton Faxon values the trust, integrity and loyalty implicated in the attorney-client relationship and takes legal malpractice cases very seriously. If you have experienced injury as a direct cause of your attorney, contact our offices.
For more detailed information, consult The Statewide Grievance Committee. The Statewide Grievance Committee is a body of twenty-one individuals, comprised of fourteen attorneys and seven non-attorneys, appointed by the judges of the Superior Court to review, investigate and adjudicate attorney ethics matters. The Committee is assisted by the Statewide Bar Counsel and Assistant Bar Counsel in performing duties and responsibilities set forth by Superior Court rules and statutes to assist the Superior Court in maintaining the integrity of the bar of the State of Connecticut.