lol.
To win a case of malpractice, you have to be able to show a reasonable likelihood that the suit would have succeeded but for the lawyer's malfeasance. Not possible here.
The actual penalty that should apply here is Rudy's sanctioning and disbarment for any number of things -- filing frivolous lawsuits, lying to the court, wasting the court's time, attempting to subvert the Constitution itself which all lawyers swear to defend when they take their oaths after passing the bar exam.
All the frivolous "election fraud" lawsuits seemed to dry up right about the time judges around the country were prepared to get serious about this. But I still think it went far enough to disbar Giuliani, Powell, and many other affiliated attorneys.