Is It Malpractice If a Lawyer8217s Tactical and Strategic Decisions are unsuccessful
An attorney’s exercise of judgment is not negligence unless the judgment falls below the standard of care. For example, during trial, it is generally accepted that the choice of what witnesses to call, what evidence to introduce, and whether or not to cross examine a witness, are exercises of judgment. Nevertheless, if a tactical decision was foolish, ill-considered, or unduly risky, it may be found to have been negligent if the attorney’s strategy was not based on informed judgment. As one court once said, “There is nothing strategic or tactical about ignorance.”
Is It Malpractice If a Lawyer8217s Tactical and Strategic Decisions are unsuccessful
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