Also known as: malapraxis · malpractice
Written by attorneys · grounded in primary & secondary sources — see below
A historical term for professional negligence or unskilled treatment by a practitioner. The phrase identifies conduct that breaches the duty of care owed to a client or patient and produces compensable harm.
Maria Morales retained Mason McCarthy to handle a contract claim. McCarthy presented a retainer agreement that capped his liability for any future errors at the amount of his fee. Morales signed without consulting another lawyer. The agreement is unenforceable because the client lacked independent representation when the limitation was proposed.
Mina Mehta hired Michael Miller to sue a supplier. Miller missed the statute of limitations, paid Mehta from personal funds to hide the error, and never advised her to seek separate counsel about a possible claim against him. The concealment and conflict of interest elevate the conduct beyond ordinary negligence.
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Malcolm McKinley sued a hospital for medical negligence. His lawyer Marcus Mitchell miscalculated the limitations period and the claim was dismissed. The single error supports a civil action for damages but does not automatically trigger professional discipline absent proof of gross unfitness.
Morgan Financial sued its former law firm for overbilling. The firm obtained the client's internal discovery responses and instructions to defend the malpractice allegations. The client placed the representation at issue, so the self-defense exception permits use of the otherwise confidential materials.
Mirage Hotels asked Mercury Industries' in-house counsel for an initial evaluation of a potential claim. The lawyer gave advice but never followed up or warned about the approaching deadline. The consultation created an attorney-client relationship that imposed a duty of care even without a formal retainer.
Majestic Construction lost a judgment after its lawyer failed to file a timely answer. The company sought to reopen the case on the ground that counsel misled it about the status of the litigation. The proper recourse is a separate malpractice action against the lawyer rather than relief from the judgment itself.
A single negligent act that supports a civil malpractice claim does not by itself warrant discipline. Discipline requires conduct so gross that it demonstrates unfitness to practice law, while malpractice and discipline serve distinct purposes with different thresholds.
The self-defense exception permits a firm to obtain and use client communications and work product necessary to defend itself once the client has placed the representation at issue by alleging inadequate performance or overbilling.
Yes. An attorney-client relationship and its attendant duties can form during an initial consultation when the lawyer gives legal advice and the prospective client reasonably relies on it, even without a formal retainer or fee.
Missing a statute of limitations, attempting to cover it up by paying the client personally, and failing to inform the client of a potential malpractice claim and the need for independent counsel constitutes serious misconduct beyond mere negligence, including dishonesty and conflict-of-interest violations.
A lawyer may not make an agreement prospectively limiting liability to a client for malpractice unless the client is independently represented in making the agreement.
…the meaning of that term as defined by the act of October 15, 1975 (P. L. 390, No. 111), known as the Health Care Services Malpractice Act." "§ 3206. Parental consent. "(a) General rule.—Except in the case of a medical emergency or except as provided in this section, if a pregnant woman is less than 18 years of age and…