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7 - Torts

Published online by Cambridge University Press:  03 May 2011

Benjamin H. Barton
Affiliation:
University of Tennessee, Knoxville
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Summary

A defendant attorney owes no duty to the plaintiff. The attorney's paramount duty is to the trial court, as a licensed attorney and officer of the court, and to his client. No cause of action in negligence can lie because the overriding public policy guarding free access to the courts and the fact that the attorney's legal duty is to his own client demands a finding that the attorney owes no duty to an adverse party that would give rise to a claim in negligence, whether to investigate fully the client's claim prior to filing suit or to avoid filing a suit which he knew or should have known was frivolous.

Clark v. Druckman

THIS CHAPTER ADDRESSES THE LAW OF TORTS. IT BEGINS with legal malpractice, which is the law that covers clients suing lawyers for harmful, substandard performance. Medical malpractice is used as a comparison point, as the medical and legal professions are somewhat similar, but it is much easier to successfully sue a doctor than it is to successfully sue a lawyer in the United States.

The chapter closes with a discussion of the law of wrongful prosecution – the tort that allows persons who have faced either a baseless criminal prosecution or a civil suit to sue for damages.

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Chapter
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Publisher: Cambridge University Press
Print publication year: 2010

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References

Meiselman, David J., Attorney Malpractice: Law and Procedure (Rochester, NY: The Lawyers Co-Operative Publishing Co., 1980), 55–63Google Scholar

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  • Torts
  • Benjamin H. Barton, University of Tennessee, Knoxville
  • Book: The Lawyer-Judge Bias in the American Legal System
  • Online publication: 03 May 2011
  • Chapter DOI: https://doi.org/10.1017/CBO9780511791871.007
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  • Torts
  • Benjamin H. Barton, University of Tennessee, Knoxville
  • Book: The Lawyer-Judge Bias in the American Legal System
  • Online publication: 03 May 2011
  • Chapter DOI: https://doi.org/10.1017/CBO9780511791871.007
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Torts
  • Benjamin H. Barton, University of Tennessee, Knoxville
  • Book: The Lawyer-Judge Bias in the American Legal System
  • Online publication: 03 May 2011
  • Chapter DOI: https://doi.org/10.1017/CBO9780511791871.007
Available formats
×