Torts I

Causation for Attorney

  • Civil
    1. Must show that but for the attorney, client would have won
    2. Must show what the resulting damages would have been
    3. Must show that the damages would have been collectible
      1. In a minority of jurisdictions this is just an affirmative defense.
  • Criminal
    1. Must show that client would have been exonerated
  • Negotiation
    1. Usually cannot show causation