Legal Malpractice is tought, but not widely, in law school. One such course is at New York Law School. The Course covers not only legal malpractice but also insurance coverage.
Professor Barry Temkin is a Senior Trial Attorney at Feldman Garfinkel & Lesman, and has wide experience in the field. The course is described:
” We will examine the theoretical and conceptual bases for legal malpractice as well as the interplay between the law of legal malpractice and ethichal issues raised by the Lawyers Code of Professional Responsibility and the ABA Model Rules of Professional Conduct. After exploring the basic elements of the tort of legal malpractice and the creation of the attorney-client relationship, the course will canvas applicable defenses and procedural issues, such as the role of experts in malpractice trials. The course will consider problems of attorney authority and multiple clients, as well as vicarious liability for the malpractice of other attorneys, e.g. in a referral/fee splitting arrangement. We will analyze attorney liability to non-clients with partricular emphasis on lawyer liability for securities fraud and representations to others in negotations. The students will use the case-study method to perform a post-mortem analysis of malpractice by lawyers such as the role of the Vinson and Elkins lawyers in the Enron scandal.”