Establishing actual damages in legal malpractice cases
By Kenneth J. Ashman & Neal D. Kitterlin
General Practice, Solo, and Small Firm,
July 2009
What happens when the attorney has been retained to defend a lawsuit and, due to malpractice, misses a defense that results in a judgment being entered against the client? Assuming the client does not have the funds to pay the judgment, has the client suffered actual damages as a result of the attorney’s malpractice? A look at the recent case of Fox v. Seiden.
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