Before beginning a remedies analysis, a legal malpractice practitioner must first understand the relationship between damages and the cause of action itself.
In Nelson v. Heslin , the state Superior Court reiterated that, to establish a claim for legal malpractice, a plaintiff must establish three things: that he or she employed the attorney, that the attorney failed to exercise ordinary skill and knowledge and that such negligence was the proximate cause of damage to the plaintiff.
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