13-2401. Legal malpractice; elements.
For __________ (name of plaintiff), to recover from __________ (name of defendant), on _____________’s (name of plaintiff) claim of legal malpractice, you must find that all of the following have been proved by a preponderance of the evidence:
1. An attorney‑client relationship existed between __________ (name of plaintiff) and __________ (name of defendant);
2. __________ (name of defendant) owed a duty to ______________ (name of plaintiff);
3. __________ (name of defendant) breached that duty; and
4. That breach was a cause of a loss to __________ (name of plaintiff).
USE NOTES
This instruction should be given in every legal malpractice case. It sets forth the elements of a legal malpractice claim.
[Adopted by Supreme Court Order No. 17-8300-013, effective for all cases pending or filed on or after December 31, 2017.]