CA Legal Malpractice CLS Practice Questions - California Certified Specialist - Legal Malpractice Law Exam

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Plaintiff retains attorney to sue for $1 million breach of contract. Attorney negligently lets the statute of limitations run. The underlying defendant was indisputably solvent. To prove damages, what must the plaintiff establish?

Only that the underlying claim had a colorable basis That the underlying suit would have succeeded AND any judgment would have been collectible That the attorney filed late, regardless of the underlying merits That the plaintiff lost the ability to negotiate a settlement

Correct Answer:

That the underlying suit would have succeeded AND any judgment would have been collectible

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