Further Commentary on Collectibilty and the Burden of Proof in Legal Malpractice Cases
Today, the Day On Torts Law Blog has a post that elaborates on the the important question, "whose burden of proof is it in a legal malpractice case to prove collectibility of the underlying judgment?" This issue was discussed in my Sept. 1st post on the Clary decision which addressed the side of the argument in favor of laying the burden with the defendant. Todays Day On Torts post focuses on the contrary position of having the plaintiff bear the burden. It is an interesting and important issue that has the courts split and is one I will continue to follow.
Thank you for mentioning my comment.
In response to several comments I received on my blog I have expanded on my earlier post.
http://www.dayontorts.com/legal-malpractice-yesterdays-post.html