Legal malpractice claims are unique. While a lawyer's negligence is an essential element of every malpractice case, most cases rise and fall based on whether or not a plaintiff can establish causation. To prove causation a plaintiff must ordinarily prove what amounts to two cases: the malpractice case and the underlying case.
Join attorney Dan Abrams as he outlines this "case within a case" framework and the host of pleading, discovery and trial issues that a civil litigator will never encounter outside of a legal malpractice case. Mr. Abrams studies the considerations unique to prosecuting legal malpractice claims that arise at the four stages of a case: case intake/pre-suit, complaint, discovery, and trial.
This course presumes some familiarity with civil litigation. It is designed to help a lawyer handle a legal malpractice prosecution or at least advise clients about such litigation.
I. Identify the difference between strong claims and weak claims before taking on the case
II. Recognize the steps to take before filing the lawsuit
III. Understand how to plead a legal malpractice claim, conduct plaintiffs' discovery, and survive dispositive motion practice
IV. Successfully approach the legal malpractice trial
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