About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

17 Mem. St. U. L. Rev. 465 (1986-1987)
An Overview of Professional Negligence

handle is hein.journals/umem17 and id is 489 raw text is: An Overview of Professional Negligence* JOHN W. WADE** I. INTRODUCTION This article is intended to serve as a general introduction to the other articles in this symposium on attorney malpractice. It seeks to place them in perspective by tracing the historical de- velopment of the tort cause of action against a professional person for negligence in his professional capacity,' and by seeking to identify pervasive principles applicable not only to attorneys but also to professionals in general .2 With this background, it may be possible to derive a clearer picture of the law today and where it may be or should be going in the future. Traditionally, there have been four learned professions - law, medicine, ministry, and teaching. Law and medicine were very important in the case development of the common law. But there were no cases involving the clergy or teachers, and even today no significant body of law has developed. * This article is an expansion of a speech given by John W. Wade at the legal malpractice symposium on November 12, 1986. ** Dean and Distinguished Professor of Law, Emeritus, Vanderbilt University School of Law; Occupant, Herff Chair of Excellence, Cecil C. Humphreys School of Law, Memphis State University, Fal 1986. 1. The scope of the article is limited in that it does not cover intentional torts but is confined to actions based on negligence. Due to this limited treatment, the expression professional malpractice is not used. The negligent conduct is covered only when it pertains to the professional obligations of the defendant. 2. On professional negligence, see generally J. EDDY, PROFESSIONAL NEOLIGENCE (1955) (English lecture series); D. P.RTLErT, PROFESSIONAL NEGLIGENCE (1985) (accented towards Australia, but takes into account the law in Canada, New Zealand, the United Kingdom, and the United States); RESTATEMENT (SEcoND) OF TORTS § 299A (1965); A Symposium on Professional Negligence, 12 VAND. L. REv. 535 (1959) (reprinted in book form with some additional chapters as T. RoADY & W. ANDERSEN, Professional Negligence (1960)); Pro- fessional Liability, 37 MERCER L. REv. 559 (1986); Keeton, Professional Malpractice, 17 WAsEuRN L.J. 445 (1978); Comment, Professional Negligence, 121 U. PA. L. Ray. 627 (1973) (does not include medicine). There are many articles and treatises on the negligence liability of lawyers and doctors. The leading treatises are R. MALLEN & V. LEvrr, LEGAL MALPRACTxC (2d ed. 1981) and D. LOUISELL & H. WILLAMS, MEDICAL MALPRACTICE (1981).

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most