'Settle And Sue' Malpractice Cases Have New Clarity In Calif.

Law360 (July 1, 2020, 3:03 PM EDT) -- With its opinion in Masellis v. Law Office of Leslie F. Jensen,[1] filed on June 19, the California Court of Appeal for the Fifth Appellate District clarified an important issue of long-standing confusion with regard to the standard of proof a legal malpractice plaintiff must satisfy in order to prove the required elements of causation and damages in a "settle and sue" legal malpractice case. 

A settle-and-sue legal malpractice case is one where the plaintiff in the malpractice case settled the underlying lawsuit, and then turned around and sued their lawyer from the underlying case, claiming that but for the lawyer's...

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