Practice point: A claim for legal malpractice is viable, despite settlement of the underlying action, if it is alleged that settlement was effectively compelled by counsel's mistakes.
Students should note if plaintiff's claim of breach of fiduciary duty is essentially a claim of malpractice, it is governed by the malpractice standard, namely, that, but for counsel's action, plaintiff would have prevailed in the underlying action.
Case: Boone v. Bender, NY Slip Op 05497 (2d Dept. 2010)
Here is the opinion.
Tomorrow's issue: Labor Law.
