Practice point: The plaintiff must establish that the defendant-attorney failed to exercise the ordinary reasonable skill and knowledge commonly possessed by a member of the legal profession, and that the breach of this duty proximately caused the plaintiff to sustain actual and ascertainable damages.
Student note: To establish causation, a plaintiff must show that he or she would have prevailed in the underlying action, or would not have incurred any damages, but for the attorney's negligence.
Case: Island Props. & Equities, LLC v. Cox, NY Slip Op 01656 (2d Dept. 2012).
Monday’s issue: Primary assumption of risk.
