Yager v. Clauson

4 Citing cases

  1. Tamposi v. Denby

    136 F. Supp. 3d 77 (D. Mass. 2015)   Cited 2 times

    To establish legal malpractice under New Hampshire law, under either a contract or tort theory, a plaintiff must prove (1) the existence of an attorney-client relationship, "which placed a duty upon the attorney to exercise reasonable professional care, skill and knowledge in providing legal services to that client;" (2) a breach of that duty; and (3) "resultant harm legally caused by that breach." Yager v. Clauson , 166 N.H. 570, 572–73, 101 A.3d 6, 9 (2014)(citing Estate of Sicotte v. Lubin & Meyer, P.C. , 157 N.H. 670, 674, 959 A.2d 236, 240 (2008). "Whether [an] attorney has breached the applicable standard of care in representing the client is a question of fact to be determined through expert testimony and usually cannot be decided as a matter of law."

  2. Desimini v. Durkin

    2015 DNH 116 (D.N.H. 2015)   Cited 1 times

    Legal malpractice is negligence by an attorney in representing a client. Yager v. Clauson, 166 N.H. 570, 573 (2014). The elements of a legal malpractice claim are "(1) that an attorney-client relationship existed, which placed a duty upon the attorney to exercise reasonable professional care, skill and knowledge in providing legal services to that client; (2) a breach of that duty; and (3) resultant harm legally caused by that breach."

  3. Rollo v. Escobedo

    No. SA-17-CV-00645-JKP (W.D. Tex. Dec. 13, 2021)

    (duty); Geiserman v. MacDonald, 893 F.2d 787, 794 (5th Cir. 1990) (breach); Alexander v. Turtur & Assocs., 146 S.W.3d 113, 120 (Tex. 2004) (causation); see also Yager v. Clauson, 166 N.H. 570, 573 (2014) (commenting that there may be situations in which expert testimony is unnecessary, such as where “an attorney's negligence is so patent and conclusive that reasonable persons can reach only one conclusion”).

  4. Christian v. Messina

    No. 2021-0448 (N.H. Sep. 28, 2022)

    Expert testimony is required where the subject presented is so distinctly related to some science, profession or occupation as to be beyond the ken of the average layperson. Yager v. Clauson, 166 N.H. 570, 573 (2014). Absent exceptional circumstances, expert testimony is necessary to inform the jury regarding the skill and care ordinarily exercised by lawyers and to prove a breach thereof.