Harmless Errors: Collectability Issues in Legal Malpractice Litigation

Summer 2010
Michael Vescio
USLAW Magazine


The feature, “Harmless Errors: Collectability Issues in Legal Malpractice Litigation,” discusses how in most legal malpractice cases involving an allegation that the plaintiff-client lost a cause of action and a right to a judgment against a third party, damages are not presumed. In the article, Mike Vescio describes the burdens of protection and persuasion, as well as other types of issues involved including discovery, evidentiary and pleading. He concludes in saying that, given the recent frequency of legal malpractice claims, practitioners and courts will spend the next few years at least resolving the numerous unsolved issues that are unique to legal malpractice cases.

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