As attorneys whom focus much of our practice on plaintiff (client-consumer) attorney liabilities (specifically, legal malpractice), we see many forms of damages.

In every legal malpractice initial consultation, the potential new client (PNC) inquires of the ability to recover “pain and suffering.” Unless the underlying action itself gives rise to a claim for emotional distress (such as, an underlying action in personal injury), we generally advise that the law is murky but generally disfavors “mixing” financial with emotional damages. We further educate that this “separation” likely arose from long-ago jurisprudence precluding the mix of actions at law with actions at equity/chancery.

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