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Guide to finding resources on attorney/lawyer malpractice
Last Updated: Jan 30, 2014 URL: http://libguides.law.hofstra.edu/lawyermalpractice Print Guide RSS Updates

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Guide Introduction and Getting Started

This guide will provide references and links, where possible, to research resources on lawyer malpractice.  When researching this area, remember you may need to try both terms - lawyer and attorney.  See the box below, Researching Legal Ethics, for an introduction to the distinction between malpractice and ethics.

To get started use the contents of this tab.  Listed in the order recommended to get started with your research.

  • Encyclopedias
    A good first place to start when you know very little about your issue.
  • ABA/BNA Manual on Professional Conduct
    Once you have identified your issue, a good place for background. Also good for paper topic investigation/selection.
  • Treatises
    Usually best for more in depth explanation
  • Current Developments
    Great for getting a sense of the current issues. May also give good explanations of these issues.
  • Research Guides
    For additional explanations on researching this area of law

Researching Legal Ethics

Legal ethics and legal malpractice are two related but separate concepts. For an excellent explanation, see Legal malpractice law : problems and prevention  by Susan Saab Fortney, Vincent R. Johnson , KF 313.F67 2008 ,pp30-33.

To find legal ethcis resources, including ethics opinions, state rules of professional conduct and the ABA Model rules, see the research guide:Legal Ethics and Professional Responsibility for Lawyers

      
     

    Lexicat - search for books at Hofstra

    Try a subject search (use drop-down menu to change from Keyword)  using one of the following subjects:

    attorney and client - united states
    malpractice insurance
    law offices - united states
    lawyers - malpractice
    lawyers - malpractice - united states

    Make sure to note location as well as call number.

     

    WorldCat Search

    Use this World Cat search to find books not available at Hofstra.  Do an initial search and then use the Advanced Search to try a subject search using one of the following subjects:

    attorney and client - united states
    malpractice insurance
    law offices - united states
    lawyers - malpractice
    lawyers - malpractice - united states

    WorldCat.org >>

    Encyclopedias

    For a basic introduction, see legal encylcopedias American Jurisprudence (AmJur) or CJS.

    For New York, use New York Jurisprudence.  Go to the Table of Contents and find  Malpractice  > IV. Malpractice by Attorneys

    • WestlawNext
      in search box, type New York Jur and choose New York Jurisprudence. Scroll down in Table of Contents to Malpractice.

    ABA/BNA Manual on Professional Conduct

    The ABA/BNA Manual on Professional Conduct provides short articles on current issues of legal ethics and malpractice.  It also provides updates on developments in the law as well as links to state rules of professional conduct and ethics opinions.  This resource is used extensively by attorneys and scholars in the lawyer malpractice field.  It is also a good tool for paper topic selection.

     

    Treatises

    Links are to the Library's catalog.  To find additional treatises, use the Lexicat or WorldCat search boxes at left.

    Attorney Malpractice : Law and Procedure - David J. Meiselman
    Call Number: Law Reserve KF313 .M44
    Publication Date: 1980, updated annually


    The Law of Lawyering - Geoffrey C. Hazard; W. William Hodes
    Call Number: Law Reserve KF306 .H33
    ISBN: 0735516081
    Publication Date: 2001, updated annually

    Legal Malpractice - Ronald Mallen
    Call Number: Law Reserve KF313 .M29
    Publication Date: updated annually
    also on WestlawNext. Type in the title in the search box.

    Legal Malpractice Law : Problems and Prevention - Susan Saab Fortney, Vincent R. Johnson
    Call Number: Law Reserve KF313 .F67 2008
    Publication Date: 2008

    Regulation of Tax Practice - Linda Galler, Michael B. Lang
    Call Number: Law Class Reserves KF299.T3 G35 2010
    Publication Date: 2010
    Discusses malpractice with respect to tax lawyers

    Simon's New York Rules of Professional Responsibility - Roy Simon
    Call Number: Law Reserve KFN306 .H33
    Publication Date: 2013 - updated annually
    Although focuses on ethics, rather than malpractice, still worth checking if have NY question. Best resource for NY ethics research

    Current Developments

    Note: If no search box is available, use Google Advanced Search

                - e.g. site:www.legalethicsforum.com   facebook

    Research Guides

    Assistant Director for Reference and Instruction

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    Lisa Spar
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    Lisa Spar l Assistant Director for Reference and Instructional Services and Special Professor of Law
    Law Library l 122 Hofstra University, Hempstead, NY 11549
    516-463-5392 l lisa.a.spar@hofstra.edu
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