Stay up-to-date with summaries of recent defense-friendly legal malpractice decisions from courts across the country.


No Legal Malpractice for Advice that is in Accord with the Weight of Applicable Law

By Will Jordan  During the course of litigation pending in federal district court in Florida, Client sought and obtained advice from Lawyer about Client’s contractual exposure to the opposing party’s attorney’s fees under Florida law. Lawyer advised Client that Client did not face a significant risk of exposure to attorney’s fees. Ultimately, the U.S Court […]

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Ineffective Assistance of Counsel ≠ Legal Malpractice

By Will Jordan A couple of weeks ago, inspired by the developing story of Adnan Syed, we wrote about the interplay between a criminal defendant’s request for post-conviction relief on the basis of ineffective assistance of counsel and his claim for legal malpractice against his defense attorney. In that post, we wrote that “[i]n order […]

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NY Court Enforces Arbitration Agreement in Engagement Letter

By Will Jordan Client retained Attorney to represent him in two matters involving his service as a trustee. Client signed an engagement letter that provided that Attorney and Client would arbitrate “any dispute arising out of or relating to this agreement and/or the legal services rendered hereunder.” Client filed a lawsuit against Attorney, alleging legal […]

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On Proximate Causation and Foreseeability

By Will Jordan Apologies for the radio silence. We vowed not to allow this much time to pass in between posts, but the past week brought a trip to NY for a conference and a jury duty summons and, before we knew it, the vow was broken. But we’re back on track. Today we look […]

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The “No Harm, No Legal Mal” Defense

By Will Jordan In a legal malpractice case arising out of an attorney’s allegedly negligent handling of litigation, the crux of the legal malpractice case is proving that the outcome of the underlying case should have been different but for the attorney’s negligence. When a legal malpractice case arises out of allegedly negligent advice given […]

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