| Attorney Liability for Another Attorney's Malpractice |
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| An attorney may be held liable for committing legal malpractice while representing a client. Legal malpractice occurs when an attorney fails to use such skill, prudence, and diligence as lawyers of ordinary skill and capacity possess and exercise. In addition, other parties may be held liable for that attorney's misbehavior. More... |
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| Publication of a Defamation |
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| A lawsuit for defamation has the following basic elements: (1) making a false statement; (2) about a person; (3) to others; and (4) actual damages (if the harm to the person is not apparent). There is a fifth element when the person is a public official or public figure. The person who made the statement has to have made it with a known or reckless disregard of the truth. This article discusses the third element, making a statement to others, known as publication.More... |
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| Governmental Immunity from Suit |
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| If a party is injured by some act of a governmental unit, official, or agency, he may or may not be permitted to sue. The reason that he may be barred from suing is because of "sovereign immunity." Traditionally, this doctrine protected governmental units, officials, and agencies from liability based on their tortious acts unless they had consented to being sued. Now, this immunity has been waived in large part and only applies in certain circumstances.More... |
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| Federal Teacher Protection Act -- Exceptions |
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| Under the federal Teacher Protection Act (TPA), a school employee may be immune from civil liability when a student is injured as a result of the employee's attempt to discipline or control the student. However, the TPA does not apply under some circumstances.More... |
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| Attorney Malpractice Liability to Client |
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| A client may hire an attorney to prosecute an action against another party, defend an action against the client, appeal an action involving the client, or prepare transactional documents for the client. In each of these tasks, the attorney might not perform as he is required. In such a case, the client who suffers damages may bring a legal malpractice action against the attorney. An attorney commits legal malpractice by failing to use the skill, prudence, and diligence that attorneys of ordinary skill and capacity would use in performing their legal tasks. The client's action may be based on breach of contract, breach of fiduciary duty, or negligence.More... |
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