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Lawyer

2009

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Professional Malpractice In A World Of Amateurs, Thomas D. Morgan Jan 2009

Professional Malpractice In A World Of Amateurs, Thomas D. Morgan

GW Law Faculty Publications & Other Works

An increasing number of tasks once reserved to lawyers are now being performed by non-lawyers. That reality seems likely to continue. The question then becomes against what standard of performance such “amateur” practice should be assessed. One answer might be that a non-lawyer should be guilty of malpractice if the work is performed below the level of quality to which a lawyer would be held. This paper argues that the work should instead be judged against the standard of performance the non-lawyer purported to be able to deliver.