This page 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 for an introduction to the distinction between malpractice and ethics.
To get started, use the tabs for ABA/BNA Manual on Professional Conduct, Current Developments, Treatises, and Encyclopedias.
Legal ethics and legal malpractice are two related but separate concepts. For an excellent explanation, see
excerpts from Legal Malpractice Law in a Nutshell , ch.2E
©2021 West Academic Publishing
Professional discipline and legal malpractice are different mechanisms for enforcing professional standards. In a disciplinary action, the designated prosecutorial authority commences an action alleging that a lawyer violated applicable rules of professional conduct. If the prosecution proves its case, discipline is imposed to protect the public in general and the justice system from harm caused by that kind of improper conduct. A lawyer who has violated the disciplinary rules may, for example, be reprimanded, suspended from practice for a period of time, or, in extreme cases, disbarred.
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[T]he primary purpose of discipline is not to secure compensation for injured persons, but to police and protect the reputation of the profession and to safeguard the public in general by enforcing professional standards of conduct. In contrast to discipline, a legal malpractice plaintiff usually seeks monetary redress for harm caused by a lawyer’s misconduct. The representation of a malpractice plaintiff is commonly handled on a 27 contingent fee basis by a lawyer in private practice.
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A state’s codified rules of professional responsibility (often patterned on the American Bar Association’s Model Rules of Professional Conduct) are the basis for determining whether discipline should be imposed. Those same rules may also play a role in malpractice litigation. (See Chapter 3 Part B.) However, the principles governing lawyers’ civil liability are also drawn extensively from other bodies of law, such as the law of torts, agency, and contracts. In contrast, those bodies of law play a minimal role in disciplinary actions.
For a more indepth explanation, see Legal malpractice law : problems and prevention by Susan Saab Fortney, Vincent R. Johnson , KF 313.F67 2015 ,pp35-38.
To find legal ethcis resources, including ethics opinions, state rules of professional conduct and the ABA Model rules, see other tabs in this guide.
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.
Links are to the Library's catalog. To find additional treatises, use the Lexicat or WorldCat search boxes at left.
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
Try a subject search. Use WorldCat Discovery Advanced Search and use drop-down menu to change from Keyword to Subject. Use one of the following subjects for your search terms:
attorney and client - united states
malpractice insurance
law offices - united states
lawyers - malpractice
lawyers - malpractice - united states
For print books, make sure to note location as well as call number.
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