Litigating a legal malpractice case is generally more complex than a simple tort action but, at its core, is governed by many of the same principles. The starting point is to simply examine the elements of any negligence claim—duty, breach, causation, and damages.
Duty
Like any negligence claim, an action sounding in legal malpractice begins with the question of whether the attorney owed the plaintiff a duty of care. This element is critical in two ways – establishing the presence of a relationship with the client; and establishing the lack of a relationship with others.
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