Legal malpractice causes of action are similar in almost all jurisdictions: professional negligence, breach of contract and breach of fiduciary duty being the most common. While standards of care do vary as regarding the underlying “case-within-the-case,” in all jurisdictions that this author is familiar with allow out-of-state experts to testify as to those standards of care. That said, the “law of lawyering” has its own intrajurisdictional nuances (as any personal injury lawyer can attest after having attempted to prosecute an off-legal malpractice case, perhaps arising from a blown statute of limitation secondary to an underlying injury action).
However, there are key interstate distinctions in legal malpractice between Pennsylvania and New Jersey. While these neighboring states have known, marked general procedural differences (for example, Pennsylvania’s counties’ significant local rules), there are substantive and custom distinctions which if not known may prove fatal to a legal malpractice “outsider.”
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