Legal Malpractice

Like Russian Dolls, A Case Within A Case, Within...

By (Andrew Lavoott Bluestone)

Legal malpractice is a world within itself.  Beyond the obvious small universe of defendants, all attorneys of course, and the unique rules, the serious questions are almost always how the underlying case was lost, and could it have been won.  While much litigation today centers on meta data and electronic discovery, most of legal malpractice centers on metaphysics, or the ultimate nature of proofs and hypothetical outcomes.

Here is an example from the West Virginia Record.  "A 2005 legal malpractice case against a Ritchie County attorney has a new twist, as the attorney hired to help with the suit has himself been sued for legal malpractice.

On Jan. 8, James and Frances Arthur filed suit against James M. Bradley Jr. in Wood Circuit Court. In their complaint and suit, filed with the assistance of Bruce L. Freeman, with the Charleston law firm of Freeman and Chiartas, the Arthurs allege Bradley failed to properly represent them in a suit against Rodney C. Windom.

According to court records, the Arthurs retained Bradley on Jan. 5, 2004 to pursue a legal malpractice suit against Windom, an attorney in Harrisville. In their suit filed a year later, the Arthurs accused both Windom and Edward R. Coakley, a Pennsboro certified public accountant, of not protecting their interests in a 2000 condemnation proceeding.

At the time, the Arthurs were owners of Artie's Exxon and Mini-Mart on U.S. 50 near the Interstate 77 interchange. Along with several other businesses, Artie's Exxon was taken by eminent domain by the state Division of Highways as part of the Corridor D project in Wood County.

In their first malpractice suit, the Arthurs allege Windom and Coakley informed them so long as their property was replaced they would not have to pay any recognizable tax on the gain they received from DOH for three years after conclusion of the condemnation proceeding. However, the Arthurs allege they received a call from Windom on Dec. 23, 2003, saying he and Coakley were mistaken about the timetable."
 

Full post as published by New York Attorney Malpractice Blog on January 23, 2009 (boomark / email).