Practice point: The standard to which the defendant's
conduct is to be compared is not that of the most highly skilled attorney, nor
is it that of the average member of the legal profession, but that of an
attorney who is competent and qualified. The conduct of legal matters routinely
involve questions of judgment and discretion as to which even the most
distinguished members of the profession may differ. Absent an express
agreement, an attorney is not a guarantor of a particular result, and may not
be held liable in negligence for the exercise of appropriate judgment that
leads to an unsuccessful result.
Student note: It
follows that the selection of one among several reasonable courses of action
does not constitute malpractice. Attorneys are free to act in a manner that is
reasonable and consistent with the law as it existed at the time of
representation, without exposing themselves to liability for malpractice.
Case: Bua v.Purcell & Ingrao, P.C., NY Slip Op 06908 (2d
Dept. 2012).
Tomorrow’s issue:
Default judgments.
