It’s perplexing to get a motion to dismiss, founded on the argument that while there may have been negligence, there is no proximate damage.  It’s perplexing, because, while a truism, it rankles.  When an attorney has made a mistake, his defense of "no harm- no foul" disturbs.  Here is Day on Torts with a Michigan Case on this issue.  Here, the attorneys messed up the appeal, but, as the appeal could not have been won anyway,..