Legal Malpractice

Legal Malpractice Venue in Missouri

By (Andrew Lavoott Bluestone)

In New York for the most part, venue is found in the county where plaintiff or defendant resides or has its principal place of business.  Here is an interesting case from Missouri, in which plaintiff successfully started and kept the case in the county [or district] where the wrong took place.

"State ex rel. Semsa Selimanovic, et al., Relators v. The Honorable Robert Dierker, Jr., Respondent.

Case Number: SC88697

Handdown Date: 03/18/2008

Appeal From: Original Proceeding in Prohibition

Counsel for Appellant: Ted F. Frapolli

Counsel for Respondent: R.C. Wuestling and M. Adina Johnson

Opinion Summary:
This summary is not part of the opinion of the Court. It has been prepared by the Communications Counsel for the convenience of the reader. It has been neither reviewed nor approved by the Supreme Court and should not be quoted or cited. The opinion of the Court, which may be quoted, follows the summary.

Overview: This is a case of first impression involving the determination of which venue is proper for a legal malpractice claim alleging that an attorney failed to file a lawsuit before the statute of limitations expired: where the attorney's office is located or where the underlying lawsuit would have been filed. In a unanimous decision written by Judge Richard B. Teitelman, the Supreme Court holds that, under the facts of this case and the plain language of the venue statutes, the plaintiffs were "first injured" in the venues in which the underlying action could have been filed, and once they made their choice of proper venues, the circuit court has no discretion to disturb that choice.

Full post as published by New York Attorney Malpractice Blog on March 21, 2008 (boomark / email).