The doctrine of Strategic choice is a high hurdle for the attorney malpractice plaintiff. Courts often determine that “mere differences of opinion concerning strategy do not rise to the level of discharge for cause” or in other words, malpractice.
A current case, Friedman v. Park Cake, Inc., reported in the New York Law Journal http://www.nylj.com on 8/15/05, decided by Justice Shafer of Supreme Court, New York County, found that the outgoing attorneys were due their attorney fees, and that their discharge was not “for cause”, but rather, without cause. Her decision was based upon an analysis of the record and a decision that attorney Mark E. Seitelman http://www.seitelman.com represented his client with “reasonable care, skill and dilligence….”