C. An instance of negligence or incompetence on the part of a professional.
Listen
to pronunciationLegal Definition -
An instance of negligence or incompetence on the part of a professional.
legal malpractice. A lawyer's failure to render professional services with the skill, prudence, and diligence that an ordinary and reasonable lawyer would use under similar circumstances.
medical malpractice. A doctor's failure to exercise the degree of care and skill that a physician or surgeon of the same medical specialty would use under similar circumstances, -- Often shortened to med. mal.
Black's Law Dictionary® Eighth Edition © 2004
Current Usage -
Dallas-based chemical company Celanese Corp. has filed suit against the New York law firm Kaye Scholer LLP and two former Kaye Scholer lawyers, accusing them of malpractice during the discovery phase of an antitrust suit.
The malpractice suit, filed in federal court in Dallas, alleges that Kaye Scholer failed to turn over to an opposing party "hundreds of thousands" of documents that Celanese had turned over to Kaye Scholer. Celanese claims the errors led a judge to impose sanctions on the company and threaten future sanctions at trial, moves which, Celanese alleges, led the company into an "inflated" $107 million settlement.
The suit requests from the firm the difference between the $107 million and what it would have paid to settle the case absent the threat of further sanctions.
According to the complaint, "the inflated $107 million settlement forced by Kaye Scholer's misconduct was essential to avoid the potentially devastating impact of sanctions.
"Earlier this month Kaye Scholer filed suit against Celanese in federal court in New York seeking to recover legal fees and asking for a judgment that it didn't commit legal malpractice.
A Kaye Scholer spokesman declined to comment.
by Ashby Jones Wall Street Journal June 27, 2008