In this column’s examination of attorney liability, it is imperative to understand how Pennsylvania courts have adjudicated attorneys’ deviation from the standard of care, or legal malpractice.
Unfortunately, while counsel would think that, of all things, the standard of care should be ascertainable, legal malpractice expert opinions do not need to incorporate precedent — provided those opinions meet Daubert/Frye minimum standards. Therefore, an attorney in Pennsylvania can deviate from the standard of care theoretically without that standard having ever been well-defined.
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