Professional Malpractice in a World of Amateurs

Morgan, Thomas D.

Abstract

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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

Abstract:
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, L84

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Date posted: April 16, 2009

Suggested Citation

Morgan, Thomas D., Professional Malpractice in a World of Amateurs. 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. Available at SSRN: http://ssrn.com/abstract=1387088

Contact Information

Thomas D. Morgan (Contact Author)

George Washington University Law School ( email )

2000 H Street, N.W.
Washington, DC 20052
United States