Attorney
An attorney is held to the standard that any reasonable attorney in possession of the same knowledge and skill that an ordinary member of his or her profession possesses, as long as he is acting with reasonable care and diligence, in good faith and honest belief that his advice and acts are well founded at the time. Here, mere error in judgment are excusable (Best Judgment Rule) and cannot be judged solely with the gift of hindsight without substantial injustice. He or she is required to exercise ordinary care and caution (diligence) in the use of that skill (Due Care Rule), and procedural and technical failures are held to be the most common breaches. (cf, Hodges v. Carter, 239 N.C. 517, 80 S.E.2d 144 (1954). (failed service of process).)
Read more about this topic: Standard Of Care
Famous quotes containing the word attorney:
“I always was of opinion that the placing a youth to study with an attorney was rather a prejudice than a help.... The only help a youth wants is to be directed what books to read, and in what order to read them.”
—Thomas Jefferson (1743–1826)
“Even an attorney of moderate talent can postpone doomsday year after year, for the system of appeals that pervades American jurisprudence amounts to a legalistic wheel of fortune, a game of chance, somewhat fixed in the favor of the criminal, that the participants play interminably.”
—Truman Capote (1924–1984)