New York Professional Liability Law Exam
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Answers) Plus Rationales 2026 Q&A | Instant
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1. A professional negligence claim generally requires the plaintiff to
prove all of the following EXCEPT:
A. Duty
B. Breach
C. Intent to harm
D. Damages
Answer: C. Intent to harm
Rationale: Professional negligence (malpractice) is based on a breach
of a professional duty of care, not intentional wrongdoing. The
plaintiff must prove duty, breach, causation, and damages. Intent to
harm is not required because negligence is unintentional by definition.
2. In New York, the statute of limitations for most legal malpractice
claims is:
, A. 1 year
B. 2 years
C. 3 years
D. 6 years
Answer: C. 3 years
Rationale: Under New York law, legal malpractice claims are generally
subject to a three-year statute of limitations, regardless of whether
the claim is framed in contract or tort.
3. Which element is essential to establish proximate cause in a
malpractice case?
A. Ethical violation
B. Foreseeable injury
C. Written contract
D. Insurance coverage
Answer: B. Foreseeable injury
Rationale: Proximate cause requires that the harm suffered be a
foreseeable result of the professional’s breach of duty. Without
foreseeability, liability typically does not attach.
, 4. A fiduciary duty is best described as:
A. A duty owed only to employees
B. A duty of loyalty and good faith
C. A duty to maximize profit only
D. A duty arising only in criminal law
Answer: B. A duty of loyalty and good faith
Rationale: A fiduciary duty requires professionals to act in the best
interest of their client with loyalty, honesty, and good faith, avoiding
conflicts of interest.
5. Which of the following is a common defense in a professional
liability case?
A. Comparative negligence
B. Strict liability
C. Double jeopardy
D. Res ipsa loquitur only
Answer: A. Comparative negligence
Rationale: Comparative negligence allows the defendant to argue that
the plaintiff’s own actions contributed to the harm, reducing or
limiting liability.
, 6. Legal malpractice typically arises from:
A. Criminal acts only
B. Breach of professional duty causing harm
C. Breach of contract without damages
D. Honest disagreement with outcome
Answer: B. Breach of professional duty causing harm
Rationale: Malpractice requires a breach of the professional standard
of care that directly causes damages to the client.
7. Which must a plaintiff generally prove in a professional liability
case?
A. Malice only
B. Duty and breach only
C. Causation and damages
D. Criminal intent
Answer: C. Causation and damages
Rationale: Even if duty and breach are established, the plaintiff must
still prove that the breach caused actual damages.
Questions With Correct Answers (Verified
Answers) Plus Rationales 2026 Q&A | Instant
Download Pdf
1. A professional negligence claim generally requires the plaintiff to
prove all of the following EXCEPT:
A. Duty
B. Breach
C. Intent to harm
D. Damages
Answer: C. Intent to harm
Rationale: Professional negligence (malpractice) is based on a breach
of a professional duty of care, not intentional wrongdoing. The
plaintiff must prove duty, breach, causation, and damages. Intent to
harm is not required because negligence is unintentional by definition.
2. In New York, the statute of limitations for most legal malpractice
claims is:
, A. 1 year
B. 2 years
C. 3 years
D. 6 years
Answer: C. 3 years
Rationale: Under New York law, legal malpractice claims are generally
subject to a three-year statute of limitations, regardless of whether
the claim is framed in contract or tort.
3. Which element is essential to establish proximate cause in a
malpractice case?
A. Ethical violation
B. Foreseeable injury
C. Written contract
D. Insurance coverage
Answer: B. Foreseeable injury
Rationale: Proximate cause requires that the harm suffered be a
foreseeable result of the professional’s breach of duty. Without
foreseeability, liability typically does not attach.
, 4. A fiduciary duty is best described as:
A. A duty owed only to employees
B. A duty of loyalty and good faith
C. A duty to maximize profit only
D. A duty arising only in criminal law
Answer: B. A duty of loyalty and good faith
Rationale: A fiduciary duty requires professionals to act in the best
interest of their client with loyalty, honesty, and good faith, avoiding
conflicts of interest.
5. Which of the following is a common defense in a professional
liability case?
A. Comparative negligence
B. Strict liability
C. Double jeopardy
D. Res ipsa loquitur only
Answer: A. Comparative negligence
Rationale: Comparative negligence allows the defendant to argue that
the plaintiff’s own actions contributed to the harm, reducing or
limiting liability.
, 6. Legal malpractice typically arises from:
A. Criminal acts only
B. Breach of professional duty causing harm
C. Breach of contract without damages
D. Honest disagreement with outcome
Answer: B. Breach of professional duty causing harm
Rationale: Malpractice requires a breach of the professional standard
of care that directly causes damages to the client.
7. Which must a plaintiff generally prove in a professional liability
case?
A. Malice only
B. Duty and breach only
C. Causation and damages
D. Criminal intent
Answer: C. Causation and damages
Rationale: Even if duty and breach are established, the plaintiff must
still prove that the breach caused actual damages.
