The question will inevitably come up, perhaps in February 2023 whether the negative outcome of a case in March, 2020 was the result of legal malpractice, force majeure or merely inevitable circumstance. Judge Marks has published an extensive direction that all “non-essential” matters be postponed. So, will the failure to make a certain motion be malpractice, the result of an act of nature, or something that was strategically reasonable?
I post this question now, so that thought can be given to the course of conduct, documenting the events and thought process, so that a clear record can be presented in a few years from now.