Mitzel, et al. v. Vogel Law Firm, et al.

Citations

• 2024 ND 171

Syllabus

The elements of a legal malpractice action against an attorney for professional negligence are: 1) the existence of an attorney-client relationship, 2) a duty by the attorney to the client, 3) a breach of that duty by the attorney, and 4) damages to the client proximately caused by the breach of that duty. When it is alleged that an attorney negligently failed to perform some act on behalf of the client, the plaintiff must allege and prove performance of the act would have benefitted the client. In a legal malpractice action, the plaintiff has the burden to show damages proximately caused by the breach of the duty owed to the plaintiff. The amount of the damages does not require proof to a degree of mathematical precision however, the jury must have some factual basis for fixing damages.