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Mar. 1, 2023

EMOTIONAL DISTRESS DAMAGES AGAINST LAWYERS IS A REAL THREAT

See more on EMOTIONAL DISTRESS DAMAGES AGAINST LAWYERS IS A REAL THREAT

Marshall R. Cole

Trial Attorney
Nemecek & Cole

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Daniel L. Reback

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It has been five years since the Knutson v. Foster (2018) 25 Cal. App. 5th 1075 decision landed, and it is clear that it has dramatically changed the landscape of professional liability claims. In Knutson, the court made two critical rulings: (1) a client's claim against his or her attorney for intentional breach of fiduciary duty is subject to the substantial factor causation standard, not the "but for" or "tria...

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