Friday, March 21, 2008

Expert Opinion Insufficient To Establish Legal Malpractice

The Nebraska Supreme Court upheld a lower court order granting summary judgment to the attorney-defendant in a legal malpractice case. The underlying matter (involving a dispute between two sisters over family real property) had been settled based on the lawyer's advice. While the settlement did not preclude a subsequent malpractice claim, the plaintiff had failed to produce sufficient expert testimony that the defendant had breached applicable standard of care to counter defendant's experts. The plaintiff's key expert was a lawyer and former judge named Ronald Reagan. (Mike Frisch)

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