united-states contract-law liability damages attorney-client-privilege
Accountability for Attorneys - does it exist?
<p>I’ve had a number of initial consultations with various attorneys for estate planning and entity structuring, and almost every one of the opinions I’ve heard is different and often contradictory. If I just choose one on a hunch to proceed with and they turn out to be wrong (e.g. results in higher tax liability than they claim or doesn’t protect my assets as they claim) is it possible to recover “damages” from them (e.g. make a claim on their E&amp;O insurance)? It seems like the engagement agreements I’ve been presented with suggest no guarantees, no warranties. One even says the company isn’t in the business of providing legal services, and if considered to be legal services they retain the right to facilitate use of attorneys to complete the work (even though it also says all members of the company are licensed attorneys, and they have even emailed me with a note stating that communications are under attorney-client privilege). I assume these are ways they avoid any liability if they are wrong, so how can you hold an attorney accountable?</p>

<p>Yes. Lawyers are generally subject to a malpractice lawsuit, essentially the same as doctors and other professions. A successful claim generally requires proof that the lawyer's services fell below the standard of care for attorneys, and that it resulted in some injury to you.</p>
