The Standard of Proof of Causation in Legal Malpractice Cases

Abstract:     
This note argues that the use of a but for standard of causation in legal malpractice cases - i.e., that the plaintiff must show that but for the malpractice he or she would have prevailed in the underlying action - is too stringent, making recovery unreasonably difficult. The note therefore argues for implementation of a lost substantial possibility of recovery standard. This is just a student note, and an old one at that, but a lot of courts and commentators have cited it. In any event, modesty and self-restraint seem to play little role when authors are deciding what to post on SSRN.

Number of Pages in PDF File: 18

Keywords: But for Standard of Causation, Legal Malpractice, Lost Substantial Possibility of Recovery Standard

JEL Classification: K49

Accepted Paper Series