Practice point: To establish a claim to recover damages, a plaintiff must demonstrate that the attorney failed to exercise the ordinary reasonable skill and knowledge commonly possessed by a member of the legal profession, and that the attorney's breach of this duty proximately caused plaintiff to sustain actual and ascertainable damages.
Practitioners should note that attorneys are free to select among reasonable courses of action in prosecuting a client’s case without thereby exposing themselves to liability for malpractice.
Case: Noone v. Stieglitz, NY Slip Op 01093 (2d Dept. 2009)
The opinion is here.
Tomorrow’s issue: Labor Law.
