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.
GW Paper Series
GWU Legal Studies Research Paper No. 465; GWU Law School Public Law Research Paper No. 465
Thomas D. Morgan, Professional Malpractice in a World of Amateurs, 40 St. Mary's L.J. 891 (2009).