Majority:  Collectability Is Not Relevant Consideration In Legal Malpractice Suit

Mealey's (November 19, 2020, 1:42 PM EST) -- NEW ORLEANS — A majority of the Louisiana Supreme Court on Nov. 19 held that proof of collectability of an underlying judgment stemming from a car accident is not an element necessary for a plaintiff to establish a legal malpractice claim against the attorney insured who represented the underlying claimant, further finding that collectability cannot be asserted by the attorney as an affirmative defense in the legal malpractice lawsuit (Elaine Ewing v. Westport Insurance Corporation, et al., No. 2020-C-00339, La. Sup.)....