On Tuesday 2004-12-21 21:01, Craig White wrote:
> ----
> Excuse my ignorance...I am not a lawyer and have made only limited
> efforts to understand narrow aspects of the law.
>
> If you get an opinion from a lawyer and it turns out that you act on
> that opinion and are sued and lose, does that automatically constitute
> malpractice and thus, you can make claim against that lawyers
> malpractice insurance?
>
> My understanding is that you would have to prove that the advice given
> by the lawyer actually constituted malpractice and that if the lawyer's
> advice hedged in some area that ultimately proved to be significant,
> this might prove extremely difficult to collect. Thus the concept of
> buying a $1 or $3 or $50 million opinion based upon potential recovery
> of damages from malpractice insurance is possibly theoretical and not
> guaranteed. Rarely are these issues so black and white where the advice
> given obviously constitutes malpractice.
>
> I believe you when you state that your company contracted for an outside
> opinion but is is possible that the outcome of all potential litigation
> in that matter was guaranteed by his malpractice insurance? I don't
> recall getting any guarantees from a lawyer about anything except death
> and taxes.
>
> Craig
>
Also, as any physician will be happy to point out, attorneys are loathe to sue
other lawyers. It basically NEVER happens.
Q) Why don't sharks eat other sharks?
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