Last updated: 4/8/2013
402.12a Issues on Claim of Attorney Malpractice Arising Out of Civil Litigation - Negligence of Plaintiffs Counsel
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Description
402.12a Issues on Claim of Attorney Malpractice Arising Out of Civil Litigation - Negligence of Plaintiff's Counsel The [next] issue[s] for you to decide on (claimant)'s claim against (defendant) [is] [are] whether (defendant) was negligent in (describe alleged negligence) and, if so, if (defendant) had not been negligent, whether (claimant) would [have been successful] [have obtained a more favorable outcome] in [his] [her] [their] [its] [claim against (original adverse party)] [defense in (original proceedings)]. In (claimant)'s claim against (original defendant) (claimant) would have had to prove by the greater weight of the evidence that (original defendant) was negligent in (describe conduct involved in original claim) and that (original defendant)'s negligence was a legal cause of the [loss] [injury] [or] [damage] to (claimant). [Depending on the particular cause of action in the original proceeding, add appropriate substantive law instructions from section 400 to frame the appropriate issues from the original proceeding.] [To have been successful in [his] [her] [their] [its] claim against (original defendant) (claimant) must show that any judgment would have been collectible.]
Related forms
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402.1 Introduction
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402.12a Issues on Claim of Attorney Malpractice Arising Out of Civil Litigation - Negligence of Plaintiffs Counsel
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402.14 Defense Issues
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402.15 Burden of Proof on Defense Issues
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402.2 Summary of Claims
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402.3 Greater Weight of the Evidence
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402.4a Medical Negligence - Negligence (Physician Hospital or Other Health Provider)
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402.4b (1) Medical Negligence - Negligence (Treatment Without Informed Consent) - Consent Obtained Irregularly
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402.4b (2) Medical Negligence - Negligence (Treatment Without Informed Consent) - Insufficient Information
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402.4c Medical Negligence - Foreign Bodies
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402.4d Medical Negligence - Failure to Make or Maintain Records
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402.4e Medical Negligence - Res Ipsa Loquitur
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402.5 Other Professional Negligence
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402.6 Legal Cause
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402.7 Legal Cause (Treatment Without Informed Consent)
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402.8a Preemptive Charges - Duty to Use Reasonable Care
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402.8b Preemptive Charges - Vicarious Liability
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402.8c Preemptive Charges - Negligence
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402.8d Preemptive Charges - Directed Verdict on Liability
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402.9a (1) Preliminary Issues - Vicarious Liability - Agency - Independent Contractor and Exceptions
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402.9a (2) Preliminary Issues - Vicarious Liability - Agency Without Claim of Independent Contractor
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402.9b Preliminary Issues - Vicarious Liability - Joint Venture
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