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Tag Archives: “but for” test

The Importance of Causation in Legal Malpractice

By Robert Ross |

CAUSATION IS ONE OF THE ELEMENTS OF A LEGAL MALPRACTICE CLAIM The elements of a prima facie¬†claim for legal malpractice are: — the existence of a duty; — the breach of that duty; — damages (suffered by the claimant); and — causation (specifically, the breach of the relevant duty must be the cause of… Read More »

The “But For” Test for Causation in Legal Malpractice

By Robert Ross |

WHAT IS THE “BUT FOR” TEST? The “But for” test is one of the two legal standards for proving causation in legal malpractice cases. This test requires the plaintiff to prove the defendant attorney’s negligent actions (or advice) actually caused the plaintiff to suffer damages or harm. Essentially, the plaintiff uses the facts of… Read More »

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