As is implicit in this ongoing column on attorney liability, the law of lawyering is nuanced. Indeed, dabblers may find themselves on the wrong side of the “v”—imperfectly pleading an action sounding in legal malpractice. Notwithstanding the inherent risk in prosecuting a legal malpractice action (sanctions, Dragonetti actions, defamation, abuse of process and more), becoming a legal malpractice defendant-attorney secondary to representing a legal malpractice plaintiff can be avoided with fastidious pleading (regardless of the risk inherent in representing the hyperlitigious or scorned, however meritorious).
While pleadings nuance has become a hot topic lately, especially in federal court, a complaint begins by its caption. The denomination of a plaintiff may be easily recognizable in simple personal injury or contract actions over commercial and estate matters.
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