Legal malpractice claims may surface in any transaction handled by an attorney. Generally speaking, the more complex the transaction, the more likely that a claim will arise from some problematical aspect of the proceedings. Complex novel transactions set the stage for new problems, mistakes and miscalculations by the participants. Legal malpractice then follows.
In the last several years, discovery of electronically stored information has taken center stage in litigation. Not only has the case law prompted these changes, but courts themselves are both reacting to and prompting change. What is electronically stored information and how might it and its discovery lead to claims of legal malpractice?
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