Legal Malpractice: Elements and Defenses - Paralegal Studies

Question 1

Which of the following is NOT an essential element of a legal malpractice claim?

Accepted Answer

Contributory Negligence

Answer

Duty

Answer

Breach

Answer

Causation

Question 2

In legal malpractice cases, what is the main purpose of expert witnesses?

Accepted Answer

To offer specialized knowledge and insights on complex legal issues, helping the jury understand them.

Answer

To serve as legal advisors for the plaintiff or defendant.

Answer

To establish the attorney's responsibility in the case.

Answer

To calculate the client's damages.

Question 3

Which defense to a legal malpractice claim is based on the passing of a certain amount of time since the alleged malpractice?

Accepted Answer

Statute of limitations

Answer

Contributory negligence

Answer

Absence of damages

Answer

Lack of proximate cause

Question 4

In a legal malpractice case, who has the responsibility to demonstrate that the attorney's conduct resulted in the plaintiff's damages?

Accepted Answer

Plaintiff

Answer

Defendant

Answer

Judge

Question 5

Which type of damages compensates the plaintiff for their actual losses?

Accepted Answer

Compensatory damages

Answer

Punitive damages

Answer

Statutory damages

Answer

Nominal damages

Question 6

What is the term used to describe a lawyer's failure to meet the expected standard of care in their profession?

Accepted Answer

Negligence

Answer

Misrepresentation

Answer

Fraud

Answer

Malfeasance

Question 7

What is the primary purpose of the privity requirement in legal malpractice cases?

Accepted Answer

To limit an attorney's liability to those directly involved in the attorney-client relationship

Answer

To prevent unnecessary lawsuits against attorneys

Answer

To incentivize attorneys to take on high-risk cases

Question 8

Which of the following is not a legal duty owed by an attorney to their client?

Accepted Answer

Providing general financial advice

Answer

Duty of confidentiality

Answer

Duty of care

Answer

Duty of loyalty

Question 9

In a legal malpractice case, which defense is commonly asserted when the lawsuit is filed too late?

Accepted Answer

Statute of limitations

Answer

Assumption of risk

Answer

Lack of privity

Answer

Contributory negligence

Question 10

Contributory negligence in legal malpractice claims generally results in:

Accepted Answer

A reduction in the plaintiff's damages proportionate to their negligence.

Answer

No impact on the plaintiff's recovery.

Answer

A complete bar to the plaintiff's recovery.

Answer

A shift in the burden of proof to the defendant.

Question 11

Which duty is NOT owed by an attorney to their client?

Accepted Answer

Guarantee a specific outcome

Answer

Exercise reasonable care and skill

Answer

Keep the client informed

Answer

Avoid conflicts of interest

Question 12

Which of the following is a common defense raised in legal malpractice cases?

Accepted Answer

Lack of proximate cause

Answer

Statute of Frauds

Answer

Unforeseeability

Answer

Assumption of risk

Question 13

In a legal malpractice case, the burden of proof for establishing negligence lies with:

Accepted Answer

The plaintiff

Answer

The jury

Answer

The defendant

Answer

The judge

Question 14

The doctrine of privity:

Accepted Answer

Generally limits the ability of third parties to sue for legal malpractice

Answer

Requires plaintiffs to prove that they suffered direct damages as a result of the attorney's negligence

Answer

Prevents attorneys from being held liable for the negligence of their partners

Question 15

Which of the following organizations is responsible for establishing ethical standards for attorneys?

Accepted Answer

American Bar Association (ABA)

Answer

American Medical Association (AMA)

Answer

National Association of Realtors (NAR)

Question 16

To establish a breach of duty in a legal malpractice claim, the plaintiff must prove that:

Accepted Answer

The attorney failed to meet the standard of care expected of a reasonable attorney under similar circumstances.

Answer

The attorney intentionally harmed the client

Answer

The attorney violated a specific rule of professional conduct

Answer

The attorney's actions were unreasonable

Question 17

Which of the following is NOT a necessary element of a legal malpractice claim?

Accepted Answer

Intent to harm the client

Answer

Duty

Answer

Damages

Answer

Breach of duty

Question 18

Under the statute of limitations, a legal malpractice claim must be filed within:

Accepted Answer

A time period specified by state law, which varies from state to state

Answer

Within 10 years of the malpractice occurring

Answer

Immediately after the malpractice occurs

Answer

Within 5 years of the claimant discovering the malpractice

Question 19

Contributory negligence of a client in a legal malpractice claim:

Accepted Answer

May reduce the amount of damages awarded to the client

Answer

Has no impact on the legal malpractice claim

Answer

Increases the liability of the attorney

Answer

Bars the client from filing a malpractice claim

Question 20

Damages in a legal malpractice claim can include:

Accepted Answer

Compensatory, punitive, and nominal damages, depending on the circumstances of the case

Answer

Punitive damages only

Answer

Emotional distress damages only

Answer

Compensatory damages only

Question 21

Proximate cause in a legal malpractice claim:

Accepted Answer

Requires a direct and foreseeable connection between the attorney's negligence and the client's damages

Answer

Does not require a foreseeable connection between the attorney's negligence and the client's damages

Question 22

Legal malpractice insurance:

Accepted Answer

Provides financial protection to attorneys in the event of a legal malpractice claim

Answer

Covers all types of legal malpractice claims, regardless of the circumstances

Answer

Is required by law in all U.S. states

Question 23

Which of the following is NOT a required element for a successful legal malpractice claim?

Accepted Answer

Statute of limitations

Answer

Breach

Answer

Causation

Answer

Duty

Question 24

Which of the following is a recognized defense that an attorney may raise against a legal malpractice claim?

Accepted Answer

Contributory negligence

Answer

Strict liability

Answer

Breach of warranty

Answer

Vicarious liability

Question 25

If a client suspects they've experienced legal malpractice, what's the most appropriate first step?

Accepted Answer

Consult with a different attorney experienced in legal malpractice claims.

Answer

Post about it on social media.

Answer

File a complaint with the state bar association.

Question 26

Which of the following is not an essential element of a legal malpractice claim?

Accepted Answer

Intent

Answer

Duty

Answer

Causation

Answer

Breach

Question 27

In a legal malpractice case, the most likely successful defense to a claim that the attorney failed to file a timely complaint is:

Accepted Answer

Statute of limitations

Answer

Assumption of risk

Answer

Contributory negligence

Answer

Lack of proximate cause

Question 28

Which of the following is not a type of damages that can be awarded in a legal malpractice case?

Accepted Answer

Punitive damages

Answer

Compensatory damages

Answer

Consequential damages

Answer

Nominal damages

Question 29

A client discovers that their attorney made an error that led to the loss of their case. However, the client waited more than two years to file a legal malpractice claim. Which defense is most likely to succeed?

Accepted Answer

Statute of limitations

Answer

Assumption of risk

Answer

Lack of proximate cause

Answer

Contributory negligence

Question 30

To establish a legal malpractice claim, the plaintiff must prove:

Accepted Answer

All the elements of a negligence claim

Answer

Malicious intent by the attorney

Answer

Intentional misconduct by the attorney

Answer

Gross negligence by the attorney

Question 31

A lawyer's duty to their client arises from:

Accepted Answer

The attorney-client relationship, defined by the applicable standard of care.

Answer

An absolute obligation that cannot be breached.

Answer

Only cases involving personal injury.

Question 32

Which of the following is NOT a commonly used defense in legal malpractice cases?

Accepted Answer

Assumption of risk

Answer

Contributory negligence

Answer

Statute of limitations

Answer

Lack of proximate cause

Question 33

The attorney-client privilege primarily serves to:

Accepted Answer

Protect confidential communications between a lawyer and their client.

Answer

Prevent lawyers from testifying against their clients.

Answer

Allow clients to sue their lawyers for malpractice.

Question 34

In a legal malpractice case, who bears the burden of proving the claim?

Accepted Answer

The plaintiff (the client)

Answer

The jury

Answer

The defendant (the attorney)

Answer

The judge

Question 35

In a legal malpractice lawsuit, which of these is NOT a necessary element the client must prove?

Accepted Answer

The attorney acted with malicious intent.

Answer

The attorney had a duty of care to the client.

Answer

The attorney breached their duty of care.

Answer

The breach caused the client damages.

Question 36

An attorney fails to file a lawsuit within the statutory deadline, causing the client to lose their claim. This demonstrates:

Accepted Answer

A breach of the attorney's duty of care.

Answer

Lack of proximate cause between the attorney's action and the loss.

Answer

The client's assumption of risk.

Answer

Contributory negligence by the client.

Question 37

A client chooses to disregard their attorney's advice, leading to a negative outcome. The attorney is most likely:

Accepted Answer

Not liable for malpractice, as the client acted against their advice.

Answer

Liable for malpractice, as the attorney didn't adequately explain the risks.

Answer

Liable for malpractice, as the attorney should have insisted on their advice.

Question 38

Which of the following is NOT a common defense against a legal malpractice claim?

Accepted Answer

Precedent

Answer

Statute of limitations

Answer

Contributory negligence

Question 39

A client alleges damages due to their attorney's negligence. What type of damages are most likely to be awarded?

Accepted Answer

Economic damages, such as lost wages and legal fees.

Answer

Punitive damages, as a punishment for the attorney's misconduct.

Answer

Emotional distress damages, as the client experienced significant stress.

Question 40

A client's legal malpractice claim is dismissed because the lawsuit was filed more than two years after the alleged negligence. This dismissal is most likely due to the:

Accepted Answer

Statute of limitations

Answer

Assumption of risk

Answer

Contributory negligence

Answer

Lack of proximate cause

Question 41

When a client's actions contribute to the negative outcome of their case, this is referred to as:

Accepted Answer

Contributory negligence

Answer

Comparative negligence

Answer

Assumption of risk

Answer

Lack of proximate cause

Question 42

An attorney's negligence directly leads to a client's loss, but the client's actions also contributed to the outcome. This situation involves:

Accepted Answer

Comparative negligence

Answer

Lack of proximate cause

Answer

Assumption of risk

Answer

Contributory negligence

Question 43

A client sues their attorney for malpractice, claiming the attorney's negligence caused them to lose their case. However, the court finds that even with proper legal representation, the client would have likely lost. This scenario presents a defense based on:

Accepted Answer

Lack of proximate cause

Answer

Contributory negligence

Answer

Statute of limitations

Answer

Assumption of risk

Question 44

An attorney fails to properly investigate a case, leading to a negative outcome. Which element of a legal malpractice claim is most likely established in this scenario?

Accepted Answer

Breach of duty of care

Answer

Causation

Answer

Damages

Question 45

Which of the following is a fundamental element required for a successful legal malpractice claim?

Accepted Answer

Duty

Answer

Breach of contract

Answer

Fraud

Answer

Defamation

Question 46

When an attorney violates the duty of care owed to their client, this is known as:

Accepted Answer

Breach of duty

Answer

Malicious prosecution

Answer

Statute of limitations

Answer

Legal negligence

Question 47

Which type of damages are awarded to compensate an injured client for their actual financial losses?

Accepted Answer

Compensatory damages

Answer

Consequential damages

Answer

Punitive damages

Answer

Nominal damages

Question 48

The primary purpose of punitive damages in legal malpractice claims is to:

Accepted Answer

Punish the attorney and deter similar conduct

Answer

Compensate the client for emotional distress

Answer

Cover the client's legal fees

Question 49

Which of the following is a commonly used defense in legal malpractice claims?

Accepted Answer

Statute of limitations

Answer

Force majeure

Answer

Comparative negligence

Answer

Assumption of risk

Question 50

What is the significance of the statute of limitations in legal malpractice claims?

Accepted Answer

It sets a time limit within which a lawsuit must be filed

Answer

It determines the amount of damages that can be awarded

Answer

It defines the standard of care that applies to the attorney

Question 51

Which of the following actions by a client may contribute to a successful legal malpractice defense?

Accepted Answer

Contributory negligence

Answer

Assumption of risk

Answer

Proximate cause

Answer

Statute of frauds

Question 52

What is the legal principle that requires a plaintiff to prove that the attorney's negligence directly caused their injuries?

Accepted Answer

Proximate cause

Answer

Duty of care

Answer

Breach of contract

Answer

Res ipsa loquitur

Question 53

Which of the following is NOT an element that must be proven in a legal malpractice claim?

Accepted Answer

Intent to harm the client

Answer

Damages

Answer

Breach of duty

Answer

Duty

Question 54

What is the primary purpose of legal malpractice insurance?

Accepted Answer

To protect attorneys from financial liability for negligent acts

Answer

To cover the expenses of defending against legal malpractice lawsuits

Answer

To compensate clients for injuries caused by attorney misconduct