Legal malpractice plaintiffs’ (former clients) actions are filled with written discovery requests—by legal malpractice defendants (former attorneys).

Because the legal malpractice complaint generally governs the action, that scope will govern discovery. Said differently, if the complaint alleges emotional distress then personal injury discovery will be conducted on top of traditional legal malpractice discovery. If financial loss is asserted then commercial litigation discovery will ensue (i.e., tax returns, books and records, etc.).

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