SUDER v. WHITEFORD

No. 15, September Term, 2009.

992 A.2d 413 (2010)

413 Md. 230

Shirley L. SUDER v. WHITEFORD, TAYLOR & PRESTON, LLP, et al.

Court of Appeals of Maryland.

April 9, 2010.


Attorney(s) appearing for the Case

Howard J. Schulman (Daniel P. Doty of Schulman & Kaufman, LLC, Baltimore), on brief, for petitioner.

Alvin I. Frederick (James E. Dickerman and Daniel R. Hodges of Eccleston & Wolf, P.C., Hanover), on brief, for respondents.

Argued before BELL, C.J., HARRELL, BATTAGLIA, GREENE, MURPHY, ADKINS and JOHN C. ELDRIDGE, (Retired, Specially Assigned), JJ.


ADKINS, Judge.

The trial-within-a-trial doctrine is unique to legal malpractice cases. The doctrine provides a mechanism we do not see elsewhere for a tribunal to resolve a proximate cause query. When the doctrine is applicable, the litigants reconstruct the underlying action, absent the supposed breach of duty. The tribunal must not only determine how the parties would have proceeded had there been no breach, but must also assume the role of the earlier adjudicator...

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