Professional Malpractice occurs when a professional fails to perform his duties according to the standard level of care resulting in harm to another individual. Essentially, this means that the client could have received a more positive result to his/her case had the attorney provided service with his full skill potential and good legal practice.
Professionals are held to the standard of service to which they must provide their clients with good legal practice. This standard is based upon what other professionals are doing, in their same field and also their same area (geographically). All attorneys are held to the same standard of performance in the state of New York.