Tag Archives: substantial factor test
The Importance of Causation in Legal Malpractice
CAUSATION IS ONE OF THE ELEMENTS OF A LEGAL MALPRACTICE CLAIM The elements of a prima facie claim for legal malpractice are: — the existence of a duty; — the breach of that duty; — damages (suffered by the claimant); and — causation (specifically, the breach of the relevant duty must be the cause of… Read More »
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 »
