To meet the elements of a legal malpractice action the claimed malpracticing attorney must be demonstrated as having deviated from the standard of care. The mere happening of a “mal”—result does not equate to “mal”—practice. An attorney is immune upon the exercise of reasoned “professional judgment.”

A malpractice plaintiff must prove causation. But for the defendant attorney’s deviation from the standard of care the plaintiff would have been successful in the underlying action. This is known as proving the: “case-within-the-case.”

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