Difference between revisions of "Utah Breach of fiduciary duty -- Legal malpractice"
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(Created page with " The essential elements of legal malpractice based on breach of fiduciary duty include the following: (1) an attorney-client relationship; (2) breach of the attorney's fi...") |
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(3) causation, both actual and proximate; and | (3) causation, both actual and proximate; and | ||
| − | (4) damages suffered by the client. Cf. Harline, 854 P.2d at 598 (enumerating elements of legal malpractice based on negligence). | + | (4) damages suffered by the client. Cf. [https://scholar.google.com/scholar_case?q=854+P.2d+harline&hl=en&as_sdt=6,45&case=5207265450286062593&scilh=0 Harline, 854 P.2d at 598] (enumerating elements of legal malpractice based on negligence). |
Latest revision as of 00:30, 20 January 2015
The essential elements of legal malpractice based on breach of fiduciary duty include the following:
(1) an attorney-client relationship;
(2) breach of the attorney's fiduciary duty to the client;
(3) causation, both actual and proximate; and
(4) damages suffered by the client. Cf. Harline, 854 P.2d at 598 (enumerating elements of legal malpractice based on negligence).
Kilpatrick v. Wiley, Rein & Fielding, 909 P.2d 1283, 1290 (Utah Ct. App. 1996)
See also: Kilpatrick v. Wiley, Rein & Fielding, 37 P. 3d 1130 - Utah: Supreme Court 2001
