4106. Breach of Fiduciary Duty by Attorney Essential Factual Elements

4106. Breach of Fiduciary Duty by Attorney--Essential Factual Elements Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of plaintiff] claims that [he/she/it] was harmed because [name of defendant] breached an attorney's duty [describe duty, e.g., "not to represent clients with conflicting interests"]. To establish this claim, [name of plaintiff] must prove all of the following: 1. 2. 3. That [name of defendant] breached the duty of an attorney [describe duty]; That [name of plaintiff] was harmed; and That [name of defendant]'s conduct was a substantial factor in causing [name of plaintiff]'s harm. ________________________________________________________________________________ New September 2003; Revised April 2004; Renumbered from CACI No. 605 December 2007