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Cato was driving in his car, while eating a McDonalds breakfast and playing Mario Kart on Nintendo Switch. He got into an accident with Christina. Christina sued Cato for negligence but settled after her lawyer advised her to settle the case because a jury would probably find that Christina was contributorily negligent for being on the phone with her partner when the accident occurred. She decides to sue the lawyer for malpractice. True or false, the malpractice claim arises out of the same facts as the negligence claim?

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