Practice point: The absence of proximate cause requires dismissal of a legal malpractice action regardless of the attorney’s negligence.
Practitioners should note that an attorney may not recover fees for legal services performed in a negligent manner even where that negligence is not a proximate cause of client's injury.
Case: Kluczka v. Lecci, NY Slip Op 04867 (2d Dept. 2009)
The opinion is here.
Tomorrow’s issue: Motion practice.
There is another instructive case here.
