DTCI: Legal malpractice — the labyrinth of ‘a case-within-a-case’
Legal malpractice cases are unique negligence actions where the parties must litigate a “case-within-a-case.” It is ironic that, within this framework, the malpractice lawyer who is defending an attorney-client often must argue against the merits of a cause of action or an issue that the attorney-client once advocated.