Ethics/Professional Responsibility
Aug. 10, 2026
Malpractice exposure and the knowledgeable client
A lawyer's professional obligations do not change based on a client's sophistication. But when malpractice claims arise, a client's experience may influence how courts assess the lawyer's advice and conduct.
Attorneys routinely represent clients with varying degrees of legal and business acumen. Some clients possess deep familiarity with transactional mechanics, litigation strategy or regulatory frameworks, sometimes even rivaling the knowledge of their own counsel. While working with such sophisticated clients can streamline communication and accelerate decision-making, it also raises an important question for lawyers: does the standard of care change when a client brings height...
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