Cover Page; Title Page; Copyright Page; Dedication; Preface to the Second Edition; Acknowledgments; OUTLINE; Table of Cases; Table of Statutes; Table of Rules; Table of Authorities; Chapter 1. Introduction to Legal Malpractice Law; A. Duties to Clients and Nonclients; B. The Rise of Legal Malpractice Law; 1. The Clark Report and Watergate; 2. Developments in Medical and Accounting Malpractice; C. No End in Sight; D. Practicing Law Defensively; E. The Costs of Legal Malpractice; F. Legal Malpractice Law as a Specialty Field; Chapter 2. Overview of Theories of Liability; A. Culpability

1. Intent2. Negligence and Recklessness; 3. Strict Liability for Breach of Contract; B. Multiple Claims in a Single Lawsuit; 1. Concerns About Fracturing; C. The Consequences of Classification; 1. Scope of Liability; 2. Defenses; 3. Malpractice Insurance; 4. Vicarious Liability; 5. Remedies; 6. Discharge in Bankruptcy; D. Clients, Prospective Clients, and Nonclients; E. Malpractice Versus Discipline; F. The Restatement (Third) of the Law Governing Lawyers; Chapter 3. Negligence; A. Duty to Exercise Reasonable Care; 1. To Whom Is a Duty Owed; a. Three Kinds of Attorney-Client Relationships

(1) Court Appointment(2) Express Agreement; (3) Inadvertent Clients; b. Prospective Clients; c. Class Members; 2. Scope of Representation; a. Defining the Scope of Representation; b. Changes in the Scope of Representation; c. Unreasonable Limits on the Scope of Representation; d. Responsibility for Closely Related Matters; e. Termination of the Attorney-Client Relationship; (1) Post-Termination Loyalty; (2) Termination of Authority; B. Breach of Duty; 1. The Standard of Care; a. An Objective Measure; (1) No Good Faith Defense; (2) Reasonable, Not Average; (3) Consumer Protection

B. Risk Balancing and Economic Analysisc. Specific Duties; (1) Competence; (2) Diligence; 2. Exercise of Judgment; a. Room for Discretion; b. The â#x80;#x9C;Mere Error of Judgmentâ#x80;#x9D; Fallacy; c. Not Every Error is Negligence; d. Novel Theories, Trends in the Law, and Other Jurisdictions; 3. Expert Testimony; a. Necessary to Establish the Standard of Care; (1) Exception for Obvious Negligence; (2) Expert Affidavit Requirements; b. Admissibility of Expert Testimony; c. Geographic Frame of Reference; (1) State-Based Standards; (2) Federal Issues; (3) International Law Practice; (4) No Locality Rule

D. The Role of Legal Malpractice Experts(1) Duties and Compensation; (2) Independence Versus Partisanship; (3) Honesty and Effectiveness; (4) Testimony on Causation; e. Reliance on Ethics Rules; (1) Directly Relevant Standards; (2) Ignorance of Ethics Rules; (3) Inconsistency with Ethics Rules; (4) Other Sources of Guidance; f. Expert Witness Liability; 4. Specialists, Novices, and Laypersons; a. The Need for a Point of Reference; b. De Facto Specialists; c. Representations of Greater Competence; d. Disclosure of Inexperience; e. Malpractice by Laypersons; 5. Lawyers with Disabilities