Written by attorneys · grounded in primary & secondary sources — see below
A good-faith mistake made without intent to deceive or conceal. The error lacks the scienter or deliberate concealment that would convert ordinary negligence into professional misconduct.
Sources & Authorities· 1 primary source
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Cases
Hornbooks
How it applies
Common Examples
2
Attorney Misses Deadline Without Concealment
Attorney Hugo Hart missed the statute of limitations on client Hilda Hernandez's personal-injury claim because he miscalculated the filing date. Hart immediately notified Hernandez of the error, advised her to consult independent counsel about a possible malpractice claim, and took no steps to pay her privately or hide the lapse. Because the mistake was honest and unaccompanied by concealment or self-dealing, the disciplinary board imposes no sanction.
Engineer Reports Honest Coding Error
Software engineer Derek discovered that a data breach resulted from his own coding mistake. He promptly disclosed the internal logs to his employer and took no steps to blame a coworker. Because the error was an honest one made without intent to mislead investigators or shift blame, Derek faces no tort liability for malicious prosecution when charges against the coworker are later dismissed.
Put it into practice
Test Yourself
10
Practice Questions5
Common questions
Frequently Asked
1
When does an honest error become professional misconduct?+
An honest error alone does not justify discipline. Misconduct arises only when the lawyer compounds the error by concealment, personal payment to the client, or failure to disclose a potential malpractice claim and advise independent counsel.
Supporting sources
TortsOther torts · Claims based on misrepresentations, and defensesUBEIntermediate