Legal Question in Legal Malpractice in Illinois
What constitutes legal malpractice
I am interested (in layman's terms) in general information about what constutes legal malpractice, including how one would go about pursuing an issue involving legal malpractice?
Also, is there an oath that lawyers/attornies must take (besides passing the bar) in order to legally practice law?
Furthermore, is there a legal term such as ''brite light'' or ''brite''? If so, what does it mean?
1 Answer from Attorneys
Re: What constitutes legal malpractice
Whether an attorney has committed legal malpractice is quite fact-specific. Whereas in one set of circumstances engaging in a particular act or failing to engage in a particular act might constitute malpractice, in another set of circumstances the same act or failure to act may not.
Thus, generally speaking, "malpractice" means that the lawyer acted negligently or intentionally with respect to the lawyer's representation of the client. You would need to prove that the acts or failures to act of the lawyer fell below a reasonable standard of care for lawyers in like circumstances. Again, I emphasize that this is in quite general terms.
I do not know of the term "brite light" or "brite." However, there is a term known as a "bright line rule," which generally means that there is a clear line that divides acceptable from unacceptable conduct. In other words, the line between such conduct is "bright" and easy to see/understand.