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Professional standards set the tone for expectations that lawyers, architects, accountant’s and other professionals have to live up to on a daily basis. Any deviation from those standards can result in liability.

Professional malpractice is also referred to as professional negligence in Illinois. Negligence involves damages that are caused by the breach of some kind of duty. Thus, in order to prove negligence, one must prove four elements: duty, breach, proximate cause, and damages. The theory behind professional negligence is that every professional already has a duty to meet certain standards for their clients or patients. Thus, in professional negligence cases, the first element is automatically given and most of the litigation involves disputes over whether the other three elements of breach, proximate cause and damages existed.

Thus, the best strategies in professional defense litigation involve attacking the other three required elements of negligence. For example, damages may not be present in a legal malpractice case if the original lawsuit was destined to lose in the first place.

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