Legal malpractice is the decendent of medical malpractice. This lineage is demonstrated in continued representation, in analysis of “standards” of care, and in many other fashions.
A very interesting article appears today in the NYLJ by Thomas A. Moore and Matthew Gaier discusses Hinlicky v. Dreyfus _NY3d_, reported in the NYLJ on 5/3/06.
This Court of Appeals case holds, for the first time that a published clinical practice guideline may be used as evidence in a medical malpractice case. True, the use is limited, is still subject to hearsay exclusion [may not be offered for the truth of the matter asserted, but simply as demonstrative evidence], but this is a big decision.
Obvious parallels to Legal Malpractice exist. Firms, agencies and public associations all have written materials for their attorneys. Might these particular documents now be admissible under the Hinlicky doctrine? Stay tuned.