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Tag Archives: causes of legal malpractice

“Causation” in Legal Malpractice: Litigation vs. Transactional Issues

By Robert Ross |

The plaintiff in a legal malpractice action generally bears the burden of proving that the lawyer’s professional negligence was the cause of the client’s damages. With some exceptions, the client must prove causation with legally admissible evidence or there plaintiff’s malpractice suit cannot prevail. The manner in which a client proves causation differs somewhat if… Read More »

Exploring Causation in Legal Malpractice: Actual Cause

By Robert Ross |

The primary test for causation in a legal malpractice/professional negligence case is known as the “but for” test. Under the “but for” test, the plaintiff must prove, with admissible evidence, that the lawyer’s breach of a legally recognized duty (owed to the plaintiff) was the actual cause of the plaintiff’s legally recognized damages.  In… Read More »

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