Legal Malpractice: A Preliminary Inquiry

Abstract

TThere is almost no systematic academic research on the issue of legal malpractice. This paper reviews the very limited data available, primarily from the American Bar Association and from a report on legal malpractice in the Canadian province of Ontario. We then turn to a database held by the Florida Department of Insurance. A professional liability insurers in Florida are required to submit detailed reports on the cases in which they dealt with claims against their insureds. From these data we develop a tentative and incomplete profile of legal malpractice in Florida. These data will be supplemented with a study of cases that went to trial before juries.

Keywords: Legal malpractice, legal negligence, Florida