The current procedure for proving causation in legal malpractice, known as the trial-within-a-trial method, has dissatisfied courts. One unexplored alternative is the loss of chance doctrine. Compensable chances lost in legal malpractice are capable of definition, and methods for valuing those chances are available. Procedural ramifications of proving legal loss of chance and policy justifications for the doctrine support the incorporation of loss of chance into some legal malpractice litigation.
Polly A. Lord,
Loss of Chance in Legal Malpractice,
61 Wash. L. Rev.
Available at: https://digitalcommons.law.uw.edu/wlr/vol61/iss4/10