The past several years have witnessed significant changes in the law of attorney malpractice. Erosion of doctrines that have heretofore been advantageous to attorneys has caused an increase in the vulnerability of attorneys to suit for malpractice. Further, clients are apparently more willing than ever to sue their attorneys, resulting in an increase in both the number and size of recoveries. Because of the increased vulnerability of attorneys to malpractice actions, a knowledge of the elements of a cause of action for malpractice, as well as the recent developments in the area, is essential to the legal practitioner. This comment formulates and discusses the issues of attorney malpractice in their proper order: causation, duty (focusing on the issue of privity), negligence (discussing primarily developments in the applicable standard of care), damages, and defenses.
Attorney Malpractice—A "Greenian" Analysis,
57 Neb. L. Rev. 1003
Available at: http://digitalcommons.unl.edu/nlr/vol57/iss4/8