In a legal malpractice case, the cast of characters is generally limited to plaintiff and the target attorney/law firm. In any good legal malpractice case, attorney mistakes are obvious and often not seriously disputed. Was plaintiff’s case dismissed? Did plaintiff lose the transaction? Was plaintiff precluded from offering evidence?
The battlefield will be how plaintiff was harmed and whether "but for" that mistake, there would have been a different outcome. Was the bad outcome due to attorney error, or was it a fundamental flaw in the underlying case? Was it bad luck or bad lawyering? Is the lawyer to blame, or was plaintiff’s case already dead on arrival?
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