Professional Liability Insurance

Allegations Involving Legal Malpractice and Breach of Fiduciary Duty

, New York Law Journal


Professional Liability Insurance columnist Sue C. Jacobs writes: Courts recently have been more liberal in holding that causes of action for both legal malpractice and breach of fiduciary duties may exist in the same action. The courts assume a fiduciary duty between attorney and client but look at the timing of the alleged offending actions and the sources of damages to determine if they are distinct from the damages allegedly sustained for the legal malpractice.

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