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Can an attorney be held liable for tortious interference with economic advantage if

Glendale, AZ |
Filed under: Lawsuits and disputes

he was negligent in protecting my pecuniary interests (business relationships)? This in addition to the adverse judgment amount? The question lies in if an attorney can be held liable for more than just the judgment and fees from the adverse judgment?

Attorney Answers 3

Posted

Tortious interference with an advantageous business relationship has to do with a situation where the tort feasor interferes with the already existing business relationship.

Negligence means the attorney did not exercise sufficient care to as to meet the standards imposed for professional conduct in the local community. Simply losing the case is not enough to create liability on the part of the lawyer. You would have to show that what the lawyer did not do, or did do, was not only negligent but that the adverse result was a direct cause of that neglect. In other words, just because the lawyer does not take action "X", was the adverse outcome directly tied to that omission?

I hope you found this response to be of assistance. This response shall not be considered the rendering of legal advise but instead a general response to a general question. While Avvo is a wonderful resource, nothing can be a substitute for an in-depth consultation with an attorney in the jurisdiction in which the law is to be applied. This response shall not be deemed to create an attorney-client relationship, nor shall it create an obligation on the part of the attorney to respond to further inquiry from the questioner.

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Posted

No, an attorney who is negligent (commits legal malpractice) will only be found liable if you can prove that the result would have different but for the negligence. If you can, your damages will be limited to the amount necessary to make you hole, that is to put you in the same position you would have been had the negligence not occurred.

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Posted

I agree with Ms. Brady. Your claim would be for legal malpractice.

If you can show damages in excess of the adverse judgment due to the malpractice, then you may claim them.

If this answer was helpful, please mark it as helpful or as a best answer. This answer is for general education purposes only. It neither creates an attorney-client relationship nor provides legal guidance or advice. The answer is based on the limited information provided and the answer might be different had additional information been provided. You should consult an attorney.

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2 comments

Asker

Posted

Thank you. Could I use a valuation expert along with a legal expert to convet these damages?

Michael T Millar

Michael T Millar

Posted

You will have to prove both liability and damages. To the extent that damages require an expert, you should use one.

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