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Legal Malpractice as a Cause of Action in Connecticut

Legal malpractice is a civil claim that arises when an attorney fails to provide services that meet the accepted standard of professional care, resulting in harm to the client. In Connecticut, a plaintiff must meet specific elements to succeed in a legal malpractice case. The courts impose this framework to ensure that only legitimate claims move forward and to protect the integrity of the legal profession.

The Connecticut Appellate Court, in Costello v. Manero, outlines four elements that a plaintiff must prove to establish a legal malpractice claim:

  1. The existence of an attorney-client relationship.
    The plaintiff must show that a formal attorney-client relationship existed at the time of the alleged wrongful act. This relationship creates the duty of care that the attorney owes to the client.
  2. The attorney’s wrongful act or omission.
    The plaintiff must demonstrate that the attorney’s actions (or failure to act) deviated from the standard of professional care. This could involve negligence, providing incorrect legal advice, missing crucial deadlines, or failing to file necessary documents.
  3. Causation.
    The plaintiff must prove that the attorney’s conduct caused the harm. This element requires showing that, but for the attorney’s mistake, the plaintiff would have achieved a more favorable outcome in the underlying matter. This often necessitates presenting the “case within a case.”
  4. Damages.
    Finally, the plaintiff must establish that they suffered actual harm or financial loss as a result of the attorney’s conduct. Without demonstrable damages, the claim cannot succeed.

Legal malpractice cases can be complex and often require expert testimony to establish the standard of care and causation. Connecticut courts carefully scrutinize these claims to balance the right of clients to seek redress with the protection of attorneys from frivolous lawsuits.

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The elements of legal malpractice were articulated in Costello v. Manero, 194 Conn. App. 417, 431 (Conn. App. Ct. 2019), citing Bozelko v. Papastavros, 323 Conn. 275, 283, 147 A.3d 1023 (2016):

“Generally, a plaintiff alleging legal malpractice must prove all of the following elements:

  1. The existence of an attorney-client relationship;
  2. The attorney’s wrongful act or omission;
  3. Causation; and
  4. Damages.”

These elements ensure that legal malpractice claims are grounded in evidence and legal principles.