One unique element in legal malpractice is the "but for" requirement… that "but for" the legal malpractice there would have been a different or better result.  Defendants in legal malpractice are eager to flaunt this requirement, and argue that the legal malpractice must be the "sole" cause of the injury.

The Second Department now clarifies

Law.Com reports  on events in the California Bar discussion on requiring disclosure of legal malpractice insurance coverage.   "Attempting to mollify critics, a California Bar committee on Thursday recommended a significant change to a proposal that would require attorneys to tell clients if they don’t carry malpractice insurance.

But one member opposed to disclosure insisted

What does an Ohio legal malpractice case teach us in New York?  This case illustrates the "but for" aspect of legal malpractice.  While it is not a different burden than showing "proximate cause" in other litigation [we’ll be talking about a 2d Department case in the coming days that illustrates this principal] it is always

Here is the case , Laddcap Value Partners LP v. Lowenstein Sandler PC, 600973-2007
Decided: December 5, 2007 ,Justice Carol Robinson Edmead ,NEW YORK COUNTY
Supreme Court
Counsel for Plaintiff: Danzig Fishman & Decea
Counsel for defendant: Arkin Kaplan & Rice LLP

We reported on this abusive practices/gender sarcasm case last week. 

"I am

Everyone knows that oil drilling is a cutthroat buisness. Here is an interesting story.  Did the law firm capitilize on inside knoweldge?  Plaintiff’s story is that it is in the niche business of developing old oil wells, and was in the process of buying from another business in bankruptcy.  They had to hire a W.Va.