California, United States of America
The following excerpt is from Chu v. Conkling, H041409 (Cal. App. 2017):
"With regard to causation and damages, the plaintiff is required to prove that but for the [attorney's] negligent acts or omissions, 'the plaintiff would have obtained a more favorable judgment or settlement in the action in which the malpractice allegedly occurred.' [Citations.] As such, a determination of the underlying case is required. This method of presenting a legal malpractice lawsuit is commonly called a trial within a trial. It may be complicated, but it avoids speculative and conjectural claims." (Blanks v. Seyfarth Shaw LLP (2009) 171 Cal.App.4th 336, 357.)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.