This course examines the growth and development of the rapidly evolving area of legal malpractice. Course emphasis is on the doctrinal and conceptual bases for legal malpractice, as well as the interplay between the law of legal malpractice and issues raised by rules of professional conduct. The basis for the legal malpractice claim is explored, as are other theories for which a lawyer can be liable to clients and others. Such other areas include breach of fiduciary duty, fraud, and consumer protection statutes. A central purpose of the course is to stimulate students' analytical skills by exposing them to different substantive areas of law within the context of a legal malpractice setting. A major emphasis of the course will also be on the prevention of malpractice. In that context, the course will examine common mistakes made by practicing attorneys that give rise to malpractice claims. The course will also cover a representative errors and omissions insurance policy, and address what is and is not covered by insurance.
NOTE: This course meets the professional responsibility requirement.