Claims against lawyers and law firms continue to grow, as lawyers are increasingly targeted by clients and non-clients alike. This trend shows no sign of slowing.

In any malpractice claim against a law firm, the parties will almost always litigate whether the lawyer has breached the standard of care. But defense counsel will also focus on causation, an issue that can be thorny—and in New York, sometimes dependent on which court hears the case.

This uncertainty reflects a persistent tension in New York legal malpractice law going back nearly two decades. Though most courts have maintained traditional causation standards, others have quietly deviated from established principles of attorney liability. Practitioners need to remain vigilant for these deviations to ensure they remain exceptions, and not the rule.

To continue reading Alejandro Cruz and Kabir Hashmi's article in Bloomberg Law, click here.