Editor’s Note: This article is one of a series of articles discussing findings about what the four Appellate Division departments have been deciding about legal malpractice during the last five years. The data set contains 357 published decisions.
This series, having peered extensively for the last seven months into the breach element of a malpractice prima facie case, moves today to damages. The damages element of the claim describes attorney error with reference to the harm that it caused: Because the lawyer failed to act with care, a loss ensued.
