April 11, 2013

Robert E. Forrest authors “Avoidance of Tax Malpractice”

Claims of tax malpractice may be brought under many theories, tort or contract law, or statute manifested in claims of breach of contract, intentional or negligent misrepresentation, civil conspiracy, breach of fiduciary duty or similar theories. Statutes such as unfair trade practice, federal and state securities laws, and federal and state RICO statutes have also been employed. At their heart, the theory of each claim is familiar: (1) an attorney-client relationship; (2) a duty owed by the defendant attorney to the plaintiff; (3) a breach of that duty claimed; (4) the breach caused the injury to the plaintiff; and, (5) the injury resulted in actual damages to the plaintiff-client.

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