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May 28, 2021

New decisions on expert testimony in legal malpractice cases

There has been a paucity of published cases addressing causation in legal malpractice actions over the past several years. However, Courts of Appeal in two different districts have taken notice and published two within the last few months.

Corinne C. Bertsche

Partner
Lewis, Brisbois, Bisgaard & Smith LLP

Certified Specialist in Legal Malpractice

Phone: (619) 233-1006

Email: Corinne.Bertsche@lewisbrisbois.com

Corinne practices with an emphasis in legal malpractice defense, and appellate law, and is based in the firm's San Diego office.

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Kenneth C. Feldman

Partner
Lewis, Brisbois, Bisgaard & Smith LLP

Certified Specialist in Legal Malpractice

633 W 5th St Ste 4000
Los Angeles , CA 90071

Phone: (213) 250-1800

Fax: (213) 250-7900

Email: Ken.Feldman@lewisbrisbois.com

Loyola Law School

Kenneth is firm-wide chair of the legal malpractice defense group at Lewis Brisbois. He is a certified specialist, legal malpractice law, State Bar of California Board of Legal Specialization, and is vice chair of the State Bar Legal Malpractice Law Advisory Commission. Mr. Feldman is the author of "California Legal Malpractice & Malicious Prosecution Liability Handbook."

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There has been a paucity of published cases addressing causation in legal malpractice actions over the past several years. However, Courts of Appeal in two different districts have taken notice and published two within the last few months: O’Shea v. Lindenberg, 2021 DJDAR 4779 from Division 3 of the 4th District Court of Appeal (ordered published on May 14, 2021) and Michaels v. Greenberg Traurig, LLP, 62 Cal. Ap...

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