Is the question of legal malpractice at the back of litigator’s minds?  It probably is, if only for the reason that good lawyers are always calculating whether they are doing a good enough job, or, for that matter, doing enough in a case.  Here is an example from overlawyered

"Well — as Ted points out in the comments to her post — I had said "thousands," not "millions." But the bigger problem with what she wrote is that she dramatically underestimates the burden and cost of litigation. We’ll put aside the fact that her proposal — to have paralegals file boilerplate responses — would constitute legal malpractice on the part of the defense attorney."