Negligence Without Causation in Legal Malpractice
It's perplexing to get a motion to dismiss, founded on the argument that while there may have been negligence, there is no proximate damage. It's perplexing, because, while a truism, it rankles. When an attorney has made a mistake, his defense of "no harm- no foul" disturbs. Here is Day on Torts with a Michigan Case on this issue. Here, the attorneys messed up the appeal, but, as the appeal could not have been won anyway,..
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