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To constitute ineffective counsel, a defendant's attorney's performance must have fallen below "an objective standard of reasonableness." [5] Courts are "highly deferential," indulging a "strong presumption that counsel's conduct falls within the wide range of reasonable professional assistance."
Legal malpractice is the term for negligence, ... "But for" or actual causation can be difficult to prove. If the malpractice alleged occurred in litigation, the ...
Attorney misconduct is unethical or illegal conduct by an attorney. Attorney misconduct may include: conflict of interest, overbilling, false or misleading statements, knowingly pursuing frivolous and meritless lawsuits, concealing evidence, abandoning a client, failing to disclose all relevant facts, arguing a position while neglecting to disclose prior law which might counter the argument ...
Everyone knows, whether from 'Law and Order' or from popular culture in general, that words spoken to an attorney by a client are forever privileged, sacrosanct and private. As is true with many ...
For example, to sue a lawyer for malpractice the person bringing the claim must have had an attorney-client relationship with the lawyer. [ 4 ] To succeed in a malpractice action under typical malpractice law, the person making a malpractice claim must prove that the professional committed an act of culpable negligence and that the person ...
An abuse of process is the unjustified or unreasonable use of legal proceedings or process to further a cause of action by an applicant or plaintiff in an action. It is a claim made by the respondent or defendant that the other party is misusing or perverting regularly issued court process (civil or criminal) not justified by the underlying legal action.
First, the third party must prove that the auditor had a duty to exercise due care. Second, the third party must prove that the auditor breached that duty knowingly. Third, the third party must prove that the auditor's breach was the direct reason for the loss. Finally, the third party must prove that they suffered an actual loss. [8]
In jurisprudence, prosecutorial misconduct or prosecutorial overreach is "an illegal act or failing to act, on the part of a prosecutor, especially an attempt to sway the jury to wrongly convict a defendant or to impose a harsher than appropriate punishment."
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