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Court Dismisses Legal Malpractice Case Where Plaintiff Settled Underlying Case

The underlying case was a personal injury case. The plaintiff hired a lawyer to represent her in that case and the lawyer obtained a settlement of the lawsuit that the plaintiff accepted. Despite accepting the settlement, the plaintiff sued for legal malpractice. The trial court dismissed the lawsuit and the appellate court affirmed. The fatal flaw with the case was that the plaintiff did not allege how the lawyer breached any professional duty to the plaintiff.

Source: Tarrant v. Ramunno, Del: Superior Court 2017 – Google Scholar