CHICAGO-(AEAE)-The attorney must make certain that he has a good grasp of the law and facts supporting each theory of recovery. The law and facts being relied on should be well documented. While the nature and extent of research and investigation are irrelevant under the objective standard for probable cause, they are directly relevant to the issue of malice. Additionally, a lawyer who has conducted an investigation and research makes a much better impression on the judge and the jury, should malicious prosecue. While an attorney is entitled to rely to a significant degree upon the factual information provided by the client, factual disputes sometimes arise as to what information the client provided. It is therefore important to carefully document what information is being relied on. Doing so can also assist in properly evaluating the merits of the claim, and can provide protection in the event malicious prosecution litigation results.
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