402.12b Issues on Claim of Attorney Malpractice Arising Out of Civil Litigation - Negligence of Defendants Counsel Download Free Print-Only PDF OR Purchase Interactive PDF Version of this Form
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402.12b Issues on Claim of Attorney Malpractice Arising Out of Civil Litigation - Negligence of Defendant'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 defense in the case of (identify original case) (claimant) would have had to prove by the greater weight of the evidence that [(original claimant) was negligent and that [his] [her] [their] [its] negligence was a contributing legal cause of the injury or damage to (original claimant)] (describe issues in other applicable defenses). [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.]