Practice point: Expert testimony is needed to establish that the attorney failed to exercise the ordinary reasonable skill and knowledge commonly possessed by a member of the profession.
Students should note that attorneys are free to select among reasonable courses of action in prosecuting clients' cases without exposing themselves to liability for malpractice.
The case is Healy v. Finz & Finz, P.C., NY Slip Op 01616 (2d Dept. 2011
Tomorrow's issue is assumption of the risk.
