Document Type


Publication Title

San Diego Law Review

Publication Date

Spring 5-2000


During the past 40 years there has been a major expansion in the duty of care owed to individuals by professionals. Attorneys, however, have avoided many of these new duties, able to violate a high standard of representational care with impunity. This article lays out the pattern of doctrinal change in medical malpractice and proposes similar modifications to litigation malpractice law. Using medical malpractice as a standard of comparison throughout, an argument is made that eliminating the "panoply of causation defenses" and other traditional elements of litigation malpractice will encourage the bar to both better protect clients and benefit the victims of litigation malpractice.



To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.