In recent decades, legal malpractice has experienced an explosive increase in claims. As malpractice creates a significant cost to society, it is important to understand why legal malpractice exists and what affects it. This study focuses on changes in legal malpractice law, and the resulting changes in reported malpractice data. Specifically, a six criteria balancing test for determining duty of care, which has expanded privity and increased the liability that an attorney faces is studied. Significant legal cases related to this balancing test are discussed, and their effect on malpractice claims is analyzed. This study will allow future policymakers to make better informed decisions to reduce the cost of legal malpractice to society.