Litigation - Case Within a Case
In claims alleging negligently conducted litigation, the Plaintiff must prove by the greater weight of the evidence that the litigation would have terminated in a result more favorable to the client had the lawyer not been negligent. The Plaintiff is required to recreate, that is litigate, the action which was never tried. There are essentially two cases to be presented.
Failure of Performance to Act
Where the Plaintiff claims that a lawyer negligently failed to perform some act on behalf of the client, Plaintiff must prove by the greater weight of the evidence that if the lawyer had performed the act, it would have been beneficial to the client.
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