Abstract

The number of legal malpractice claims is on the rise. Many speculate what the cause of this increase in claims is. Some have come to the conclusion that no attorney or client is more likely than any other to face malpractice. Because malpractice can affect anyone and there has been an increase in the number of claims filed, it is important for both attorneys and clients to be aware of what constitutes legal malpractice and what a legal malpractice case looks like. This mock trial case problem is based on a tortious negligence claim of legal malpractice. The facts contained within are the creation of an honors thesis student and are fictional. However, the case is structured with a method that not all courts in the United States utilize in legal malpractice claims: bifurcation. Bifurcation can accelerate litigation, simplify the issues under consideration by the jury, and serve as a tool to level the playing field for both clients and attorneys. By structuring the case this way, the author attempts to demonstrate the effectiveness of bifurcation in these types of claims so this case can not only serve as a tool for mock trial competitors to practice skills, but also to influence more authorities to adopt this method when hearing legal malpractice cases.

Semester/Year of Award

Spring 5-2018

Mentor

Professor Lynnette S. Noblitt

Department/Professional Affiliation

Department of Government and Economics

Access Options

Restricted Access Thesis

Degree Name

Honors Scholars

Department

Government and Economics

Presentation

https://drive.google.com/open?id=1eW89J27XEyg8z7LYaD7wgTitT_YEtY2L

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