‘Settle and Sue’ Could Roil California Legal Malpractice Suits

A petition expected this week will ask the California Supreme Court to settle a renewed debate in the legal malpractice sphere over the level of evidence required to bring a claim against an attorney following a settlement, known as “settle and sue.”

In a case decided in June, Masellis v. Jensen, a state appeals court considered whether a settle and sue plaintiff was held to a more demanding standard of proof than preponderance of the evidence, after a jury found that but for an attorney’s negligence, her client would have obtained a more favorable recovery.

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