Ethics/Professional Responsibility
Sep. 3, 2015
CACI: "but for" standard is correct
An amended jury instruction makes clear that plaintiffs in legal malpractice cases must prove but for causation rather than substantial factor. By Joseph McMonigle, Kathleen Ewins and John Sullivan
In June, the Judicial Council Advisory Committee on Civil Jury Instructions adopted
an amended instruction that clarifies the causation standard in legal malpractice
cases. CACI 601 now provides:
"To recover damages from [name of defendant], [name of plaintiff] must prove that [he/she/it] would have obtained a better ...
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