Document Type

Article

Publication Year

2017

Journal Title

Fordham Law Review

Abstract

Black's Law Dictionary defines “tort” as a civil wrong for which a remedy may be obtained. In examining both the economics and jurisprudence related to legal malpractice, the article discusses why the “remedy” portion of this definition is unavailable for many victims of legal malpractice. This discussion considers the different stages of a legal malpractice case, including the challenges that injured persons face in retaining experienced counsel to represent them, the anatomy of the legal malpractice case, and the difficulties in collecting judgements or settlements. The discussion will consider how “capture” and “judicial bias” contribute to the “disappearing legal malpractice trial.” The conclusion proposes initiatives that could contribute to making legal malpractice a meaningful remedy for legal malpractice victims.

First Page

2033

Last Page

2056

Num Pages

24

Issue Number

5

FIle Type

PDF

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