Tuesday, September 13, 2016

Legal malpractice.

Practice point:  To recover damages for legal malpractice, a plaintiff must establish that the defendant attorney failed to exercise the ordinary reasonable skill and knowledge commonly possessed by a member of the legal profession, and that the breach of this duty proximately caused the plaintiff to sustain actual and ascertainable damages. In order to establish causation, a plaintiff must show that, but for the lawyer's negligence, he or she would have prevailed in the underlying action or would not have incurred any damages.

Student note:  In order to prevail on a summary judgment motion, the defendant must present evidence in admissible form establishing that the plaintiff is unable to prove at least one of these essential elements.

Case:   Silverman v. Potruch & Daab, LLC, NY Slip Op 05857 (2d Dep't August 24, 2016)

Here is the decision.

Tomorrow's issue:  Judicial review under the New York Human Rights Law.