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New York high court eases proof burden in legal malpractice claims.

Publication: Trial
Publication Date: 01-AUG-04 		Format: Online
Delivery: Immediate Online Access

Article Excerpt
The New York Court of Appeals has made it easier for plaintiffs to prove legal malpractice: A client suing a former lawyer no longer must prove that a judgment could have been collected in an allegedly botched claim. The decision by the state's highest court reverses both a lower court ruling and long-standing precedent regarding attorney malpractice cases. (Lindenman v. Kreitzer, 775 N.Y.S.2d 4 (2004).)

Anthony Davis, a lawyer in New York who specializes in legal malpractice cases, said the decision "shifts the burden" to the defendants.

In the past, plaintiffs had to show that the...

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