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Correct Answer!
Malpractice
C. An instance of negligence or incompetence on the
part of a professional.
 Listen
to pronunciation
Legal 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 |
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