Prosecuting Legal Malpractice Claims (Update)
Created on May 15, 2018
Legal malpractice claims are a unique animal. 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, which amounts to two cases (where the underlying representation is a litigation): the malpractice case and the underlying case. This course will highlight this "case within a case" framework and address the other pleading, discovery, and trial issues that a civil litigator will only deal with in a legal malpractice case.
Additionally, in this course, attorney Dan Abrams will cover the 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 and will help a lawyer best handle a legal malpractice prosecution.
- Identify strong vs. weak claims prior to taking a case
- Take the correct steps prior to filing
- Plead a legal malpractice claim
- Conduct plaintiffs' discovery and motion practice
- Properly approach the legal malpractice trial
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