The Attorney/Client Element of a Legal Malpractice Claim

The classic components of a legal malpractice claim in New Jersey are: (a) the existence of an attorney/client relationship; (b) a breach of the duty associated with this special relationship (i.e. the attorney’s negligence); and (c) damages caused by the attorney’s negligence.

As strange as it may seem, an attorney/client relationship can be created without an oral or written agreement. The relationship can be implied from certain facts, including where the claimant indicates a need for legal services and the attorney signals an intent to provide those services or actually provides legal advice. The analysis of the issue is extremely fact sensitive and seems to focus on the claimant’s reliance on the professional skills of the attorney, along with the attorney’s awareness of that reliance and a tacit acceptance of it.