Tag Archives: exception to “but for” test

Causation in Legal Malpractice: the “Substantial Factor” Test

Generally speaking, the test for causation in legal malpractice requires the plaintiff to prove that the plaintiff’s damages would not have occurred “but for” the attorney’s breach of a recognized legal duty. This is commonly known as the “but for” test. However, real world situations don’t operate in a vacuum, and sometimes a plaintiff’s… Read More »