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Legal Malpractice
: New York Attorney Malpractice BlogCollectiblitiy and Hypothetical Judgments in Legal Malpractice
By (Andrew Lavoott Bluestone)
As part of the "but for" rule, a hypothetical judgment which plaintiff would have won, except for the attorney's mistake, is the measure of damages in legal malpractice. We have written about this in the New York Law Journal. [4/20/07] The defense of collectibility is that even if successful in the case below, plaintiff would not have been able to collect the hypothetical judgment.
Here in New York, the Second Department takes the majority position nationwide, and the balance of the other departments take the minority position. Here is an Ohio case Paterek v. Peterson which nicely discusses each position and gives differing states' views on the matter.
Full post as published by New York Attorney Malpractice Blog on June 24, 2008 (boomark / email).
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