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Tag Archives: substantial factor 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 »

Causation in Legal Malpractice: the “Substantial Factor” Test

By Robert Ross |

Generally speaking, the test for causation in legal malpractice requires the plaintiff to prove that the plaintiff’s damages would not have occurred “but for” the attorney’s breach of a recognized legal duty. This is commonly known as the “but for” test. However, real world situations don’t operate in a vacuum, and sometimes a plaintiff’s… Read More »

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