The issues of legal malpractice cases hang over every lawyer’s practice and manifest themselves in attorney-client fee disputes; insurance coverage questions that create tensions; on many occasions litigation between lawyer-insureds and their insurers; and in cases where disappointed clients seek a second chance at recovery of their losses from the lawyer, especially where the lawyer and his firm have professional liability insurance. It always makes sense therefore to review current cases and discern the key and outcome determinative principles that lead to better loss prevention and risk avoidance in one’s practice, and effective defenses when lawsuits are commenced. When a case has to be brought against a fellow lawyer it will be as it should be, well grounded in fact and law.
The cases enlighten us as to when a pleading states the essential elements of a legal malpractice cause of action; the inadequacies of pleading multiple causes of action premised on the same operative facts; when the lawyer’s judgment rule applies to insulate a lawyer from liability even when there is an error; and the statute of limitations that frequently is how a legal malpractice case, more often than not, is not only precipitated but gets decided.
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