Barnard v. Langer

In Barnard v. Langer (2003) 109 Cal.App.4th 1453, the court affirmed a nonsuit on a legal malpractice claim "on the ground that, assuming negligence, the plaintiffs' damages were too speculative . . . ." (Id.. at p. 1455.) The court found only speculative harm because the plaintiff had not shown that but for his attorney's negligence the underlying case would have settled for more than it did, or produced a better recovery upon trial. The court stated that the mere probability of an event occurring will not support a claim for damages. (Id. at p. 1462.) The court approvingly quoted the suggestion of a leading text that "'The standard should be whether the settlement is within the realm of reasonable conclusions, not whether the client could have received more or paid less.'" (Id. at p. 1463, fn. 13.)