Blog - Legal Malpractice

Posted on May 23, 2019 by Marty Aisenberg

As in any professional malpractice litigation, the plaintiff in a legal malpractice case must present expert opinion testimony to establish that the defendant breached the standard of care.  Unlike other professional malpractice cases, however, the causation issue in a legal malpractice case – namely, whether the client would have achieved a better result if the attorney had handled the matter properly – almost always presents a question of law, and such questions are not a proper subject for expert testimony.  As a federal court of appeals tartly observed, “Each courtroom comes equipped wi

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