Corpus ID: 6770830

The Standard of Proof of Causation in Legal Malpractice Cases

@article{Jensen2009TheSO,
  title={The Standard of Proof of Causation in Legal Malpractice Cases},
  author={E. Jensen},
  journal={Cornell Law Review},
  year={2009},
  volume={63},
  pages={666-681}
}
  • E. Jensen
  • Published 2009
  • Economics
  • Cornell Law Review
  • 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… CONTINUE READING
    1 Citations

    References

    Toothaker , 9 Wash