Legal malpractice is the prime area of law which determines whether attorneys have represented their clients in a reasonable fashion.
Legal malpractice is commonly said to be both a tort as well as breach of a retainer agreement contract. Shumsky v. Eisenstein, 96 NY2d 164 (2001). Whether it is a “tort” or a “contract” generally is decided by the nature of the damages sought. SearsRoebuck & Co. v. Enco Assocs., 43 NY2d 389 (1977); Santulli v. Englert, 78 NY2d 700 (1992).
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