Legal Malpractice

• Author: Kevin R. Culhane
• Pages: 365-427

8-365

Chapter 8

Legal Malpractice

§800 Elements of Plaintiff’s Cause of Action

§810 Definitions

§820 Defendant’s Relationship to Plaintiff – Plaintiff to Defendant

§830 Defendant’s Relationship to Plaintiff – Defendant to Plaintiff

§840 Applicable Standards of Care – Plaintiff to Defendant

§850 Applicable Standards of Care – Defendant to Plaintiff

§860 Litigation Errors and Omissions – Plaintiff to Defendant

§870 Litigation Errors and Omissions – Defendant to Plaintiff

§880 Alleged Errors in Judgment – Plaintiff to Defendant

§890 Alleged Errors in Judgment – Defendant to Plaintiff

§8100 Causation – Plaintiff to Defendant

§8110 Causation – Defendant to Plaintiff

§8120 Affirmative Defenses – Plaintiff to Defendant

§8130 Affirmative Defenses – Defendant to Plaintiff

§8140 Due Diligence in Preparation of Response

§8145 Deposition Checklists

§800 Elements of Plaintiff’s Cause of Action

§801 Duty of Care

§802 Breach of Duty

§803 Proximate Cause

§804 Damages

§810 Definitions

§820 Defendant’s Relationship to Plaintiff – Plaintiff to Defendant

§821 Fact of Retention

§822 Scope of Retention

§823 Documentation of Retention

§824 Modification of Retention

§825 Beneficiary of Third Party Retention – Opinion Letter

§826 Beneficiary of Third Party Retention – Benefit Conferred on Plaintiff

§830 Defendant’s Relationship to Plaintiff – Defendant to Plaintiff

§831 Fact of Retention

§832 Scope of Retention

§833 Documentation of Retention

§834 Modification of Retention

§835 Beneficiary of Third Party Retention – Opinion Letter

§836 Beneficiary of Third Party Retention – Benefit Conferred on Claimant

Model InterrogatorIes 8-366

§840 Applicable Standards of Care – Plaintiff to Defendant

§841 Extent of Attorney Knowledge

§842 Specialized Knowledge

§843 Rules of Professional Conduct

§850 Applicable Standards of Care – Defendant to Plaintiff

§851 Specialized Knowledge

§852 Rules of Professional Conduct

§860 Litigation Errors and Omissions – Plaintiff to Defendant

§861 Representation of Conflicting Interests

§862 Expired Statute of Limitations

§863 Failure to Proceed Diligently – Insolvent Defendant

§864 Erroneous Settlement Recommendations

§865 Defense Counsel – Failure to Appear

§866 Defense Counsel – Failure to Assert Claim or Defense

§867 Defense Counsel – Failure to Investigate

§868 Workers’ Compensation – Failure to Advise Re: Third Party Claim

§869 Plaintiff’s Counsel’s Failure to Advise Regarding Spousal Loss of Consortium

§869A Class Counsel – Failure to Advise Re: Additional Viable Claims

§870 Litigation Errors and Omissions – Defendant to Plaintiff

§871 Representation of Conflicting Interests

§872 Expired Statute of Limitations

§873 Failure to Proceed Diligently – Insolvent Defendant

§874 Erroneous Settlement Recommendations

§875 Defense Counsel – Failure to Appear

§876 Defense Counsel – Failure to Assert Claim or Defense

§877 Defense Counsel – Failure to Investigate

§878 Workers’ Compensation – Failure to Advise Re: Third Party Claim

§879 Plaintiff’s Counsel’s Failure to Advise Regarding Spousal Loss of Consortium

§879A Class Counsel – Failure to Advise Re: Additional Viable Claims

§880 Alleged Errors in Judgment – Plaintiff to Defendant

§881 Legal and Factual Basis for Recommendation

§882 Legal Basis for Settlement Recommendation

§883 Recommended Division of Marital Property

§884 Tax Consequences of Recommended Division

§885 Failure to Disclose Error

§890 Alleged Errors in Judgment – Defendant to Plaintiff

§891 Legal and Factual Basis for Recommendation

§892 Legal Basis for Settlement Recommendation

§893 Recommended Division of Marital Property

§894 Tax Consequences of Recommended Division

§895 Failure to Disclose Error

§8100 Causation – Plaintiff to Defendant

§8101 General Facts Regarding Underlying Claim

§8101.1 Defendant’s Contentions Re: Outcome of Underlying Claim

§8102 Knowledge Possessed by Retained Consultant

§8103 Collectible Insurance Re: Underlying Claim

§8103.1 Collection of Lost Punitive Damages

§8104 Extent of Plaintiff’s Injury in Underlying Claim

§8105 Limitation of Plaintiff’s Activities in Underlying Claim

§8106 Extent of Medical Treatment in Underlying Claim

§8107 Loss of Earnings in Underlying Claim

§8108 Loss of Earning Capacity in Underlying Claim

§8109 Defendant’s Contentions Re: Plaintiff’s Damages

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§8110 Causation – Defendant to Plaintiff

§8111 General Facts Regarding Underlying Claim

§8111.1 Plaintiff’s Contentions Re: Outcome of Underlying Claim

§8112 Knowledge Possessed by Retained Consultant

§8113 Collectible Insurance Re: Underlying Claim

§8113.1 Collection of Lost Punitive Damages

§8114 Extent of Plaintiff’s Injury in Underlying Claim

§8115 Limitation of Plaintiff’s Activities in Underlying Claim

§8116 Extent of Medical Treatment in Underlying Claim

§8117 Loss of Earnings in Underlying Claim

§8118 Loss of Earning Capacity in Underlying Claim

§8119 Plaintiff’s Contentions Re: Plaintiff’s Damages

§8120 Affirmative Defenses – Plaintiff to Defendant

§8121 Contributory/Comparative Negligence

§8122 Imputed Comparative Negligence and Comparative Indemnity

§8123 Assumption of Risk

§8124 Failure to Mitigate Damages

§8125 Affirmative Release

§8126 Ratification

§8127 Judgmental Immunity

§8128 Statute of Limitations

§8130 Affirmative Defenses – Defendant to Plaintiff

§8131 Contributory/Comparative Negligence

§8132 Imputed Comparative Negligence and Comparative Indemnity

§8133 Assumption of Risk

§8134 Failure to Mitigate Damages

§8135 Affirmative Release

§8136 Ratification

§8137 Judgmental Immunity

§8138 Statute of Limitations

§8140 Due Diligence in Preparation of Response

§8145 Deposition Checklists

§8146 Deposition of Defendant Attorney

§8146.1 Personal Background

§8146.2 Educational Background

§8146.3 Defendant’s Business Background

§8146.4 Information Regarding Retention

§8146.5 Alleged Errors and Omissions

§8146.6 Causation and Damages

§8146.7 Statements by Parties, Witnesses in Underlying Case

§8146.8 Affirmative Defenses and Denials

§8146.9 Investigation Conducted by Opposing Party

§8146.10 Insurance

§8147 Deposition of Plaintiff

§8147.1 Plaintiff – General Background

§8147.2 Information Regarding Retention

§8147.3 Alleged Errors and Omissions

§8147.4 Causation and Damages

§8147.5 Statements by Parties, Witnesses in Underlying Case

§8147.6 Affirmative Defenses and Denials