Here is a case from New Jersey which gives a full explanation of "judicial estoppel" and its application to legal malpractice.  Generally, the issue comes up when a client agrees to a settlement, which it later finds to be inadequate.  The legal malpractice case which follows is defended, in part, by the assertion that the

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RECENT CASES IN LEGAL MALPRACTICE

1. CHICAGO TITLE INSURANCE COMPANY, Plaintiff, v BARBARA J. MAZULA, Defendant and Third-Party Plaintiff-Appellant; JAMES E. KEABLE, Third-Party Defendant-Respondent.

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT

2008 NY Slip Op 27
January 3, 2008

This is a case in which the question becomes whether an individual

Attorneys and clients enter into contingent fee retainer agreements, which do not directly address the question of an appeal.  Is the legal fee for an appeal the responsibility of the client or the attorney in this situation?  Here is a case from Madison/St.Clair which discusses this question:

"A legal malpractice claim filed by Donel Johnson

The question of pre-judgment interest in legal malpractice has not been widely understood .  Generally, it was thought that an award of pre-judgment interest was determined on the same basis as in the underlying case.  Contract damages, yes.  Pain and suffereing, no.

However, this case indicates that the real inquiry is whether there should be pre-judgment

This is a seminal, important case which will, we predict, be widely cited and discussed in Legal Malpractice.   Barnett v. Schwartz, 2007 NY Slip Op. 09712, 2d Dept, December 11, 2007 is important for several reasons. We’ll discuss the first here

“But for” causation is not as difficult as had previously been believed.

Does the