The Pennsylvania Supreme Court held that collectibility of damages in the underlying suit was properly considered in a legal malpractice cause of action and that the burden of proving (un)collectibility of damages was on the attorney-defendant, who must plead uncollectibility as an affirmative defense and prove it by a preponderance of the evidence.
Kituskie v. Corbman, 714 A.2d 1027 (Pa 1998).
Elisa R. Marlin,
Legal Malpractice - Collectibility of Damages - Burden of Proving (Un)Collectibility of Damages,
Duq. L. Rev.
Available at: https://dsc.duq.edu/dlr/vol37/iss3/8