Professional Malpractice in a World of Amateurs
Thomas D. Morgan
George Washington University Law School
Symposium Issue of the St. Mary’s Law Journal, 2009
GWU Legal Studies Research Paper No. 465
GWU Law School Public Law Research Paper No. 465
An increasing number of tasks once reserved to lawyers are now being performed by non-lawyers. That reality seems likely to continue. The question then becomes against what standard of performance such “amateur” practice should be assessed. One answer might be that a non-lawyer should be guilty of malpractice if the work is performed below the level of quality to which a lawyer would be held. This paper argues that the work should instead be judged against the standard of performance the non-lawyer purported to be able to deliver.
Number of Pages in PDF File: 18
Keywords: disclaimer, implied promise, lawyer, malpractice, nonlawyer, unauthorized practice of law
JEL Classification: K13, K41, L84Accepted Paper Series
Date posted: April 16, 2009
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