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West Virginia (WV) Legal Malpractice Information Center

Do I Have a Valid WV Legal Malpractice Claim?

By Jeffery L. Robinette, PLLC posted in Legal Malpractice, WV Legal Malpractice Claims on Friday,November 4, 2016

There is a distinction between ethical standards and legal standards of the practice of law.      Violation of an ethical standard (like failing to communicate or misrepresenting matters to a client) is not in and of itself a basis for a legal malpractice claim -- there must be a breach of the standard of practice as well.    

For instance, if a lawyer fails to tell his client about an important court ruling on his case, which, by the way, is not ethically acceptable behavior,  but somehow makes things work out in the end for a fair recovery, there would not be a valid malpractice claim against the lawyer even though he violated the ethical standards for the practice of law.   

However, if the lawyer failed to correct the first mistake and the case was dismissed, then the lawyer would be guilty of violating the ethical rules and standards for the practice of law.

 A Word of Caution:    The practice of law can be very complicated.    There are substantive laws, procedural laws, trial court rules, etc., that play a role in assessing a legal malpractice claim.   

If you have questions about a legal malpractice claim for personal injury or arising from a medical malpractice claim, call our office and one of our attorneys would be glad to speak with you.

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