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Full-Text Articles in Law
Causation And "Legal Certainty" In Legal Malpractice Law, Vincent R. Johnson
Causation And "Legal Certainty" In Legal Malpractice Law, Vincent R. Johnson
St. Mary's Journal on Legal Malpractice & Ethics
A line of California cases holds that causation of damages in legal malpractice actions must be proven with “legal certainty.” This Article argues that judicial references to legal certainty are ambiguous and threaten to undermine the fairness of legal malpractice litigation as a means for resolving lawyer-client disputes. Courts should eschew the language of legal certainty and plainly state that damages are recoverable if a legal malpractice plaintiff proves, by a preponderance of the evidence, that those losses were factually and proximately caused by the defendant’s breach of duty.
Legal Deserts: A Multi-State Perspective On Rural Access To Justice, Lisa R. Pruitt , Amanda L. Kool, Lauren Sudeall Lucas, Michele Statz, Danielle M. Conway, Hannah Haksgaard
Legal Deserts: A Multi-State Perspective On Rural Access To Justice, Lisa R. Pruitt , Amanda L. Kool, Lauren Sudeall Lucas, Michele Statz, Danielle M. Conway, Hannah Haksgaard
Lisa R Pruitt