"In New York an attorney may not be held liable for errors in judgment"  So goes the black-letter law.  Here is an illustration of two principals from this Michigan case.  The first is that legal malpractice claims regarding an appeal are not jury questions.  The second is that errors of judgment are not a solid foundation for a legal malpractice case reported in the Michigan Legal Malpractice Blog.

"Plaintiff appealed the grant of summary disposition in favor of defendant Peters on plaintiff’s malpractice claims. Those claims arose from a matter involving a property dispute between Plaintiff and Cvetko Zdravovski pertaining to an alleged encroachment of Plaintiff’s building onto a property owned by Zdravovski (the "underlying litigation"). Peters filed a motion for summary disposition on plaintiff’s behalf in the underlying litigation, which was granted. On appeal, the trial court’s ruling was reversed.
Plaintiff appealed the grant of summary disposition in favor of defendant Peters on plaintiff’s malpractice claims. Those claims arose from a matter involving a property dispute between Plaintiff and Cvetko Zdravovski pertaining to an alleged encroachment of Plaintiff’s building onto a property owned by Zdravovski (the "underlying litigation"). Peters filed a motion for summary disposition on plaintiff’s behalf in the underlying litigation, which was granted. On appeal, the trial court’s ruling was reversed.
Moreover, an appellate attorney’s decision pertaining to which issues to raise is a matter of judgment and generally does not comprise grounds for claiming malpractice if the attorney acts in good faith and exercises reasonable care. Simko v Blake, 448 Mich 648, 658; 532 NW2d 842 (1995). An appellate attorney is not required to raise every claim of arguable legal merit in order to be an effective counsel. People v Reed, 449 Mich 375, 382; 535 NW2d 496 (1995). "