Articles Posted in Legal Malpractice

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Huber v. MUES, 2012 Ohio 2540 – Ohio: Court of Appeals, 2nd Appellate Dist. 2012 – Google Scholar.

This case would have been timely in Illinois, or many other states, but it was filed in Ohio, which has a one-year statute of limitations for legal malpractice.

Ohio does observe the discovery rule: “Claims arising out of an attorney’s representation are legal malpractice claims regardless of how they are pled. Katz, Teller, Brant & Hild, L.P.A. v. Farra, 2d Dist. Montgomery No. 24093, 2011-Ohio-1985, ¶ 13. Therefore, Huber cannot avoid the statute of limitation by characterizing his claim as alleging ordinary negligence.

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Dombrowski v. Bulson, 2012 NY Slip Op 4203 – NY: Court of Appeals 2012 – Google Scholar.

This case arose out of a dispute between a client suing his former criminal defense attorney.  The Court noted that New York has rejected nonpecuniary damages in malpractice in civil cases.  It came to the same conclusion for legal malpractice in criminal cases:

“New York courts that have been confronted with the issue have generally rejected the claim that a plaintiff in a legal malpractice action is entitled to nonpecuniary damages arising out of representation in civil proceedings (see e.g. Dirito v Stanley, 203 AD2d 903, 904 [4th Dept 1994] [affirming dismissal of damages claim for emotional pain and suffering]; Wolkstein v Morgenstern, 275 AD2d 635, 637 [1st Dept 2000] [“A cause of action for legal malpractice does not afford recovery for any item of damages other than pecuniary loss so there can be no recovery for emotional or psychological injury”])….

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Cullinan v. FEHRENBACHER, Ill: Appellate Court 2012 – Google Scholar.

This case alleges malpractice.  It  is unusual because the defendants moved for a stay of the case.  A stay stops the proceedings dead in their tracks.  The defendants filed this motion because the alleged malpractice arose out of estate planning and the plaintiff was a party to other lawsuits (with family members and other heirs) involving that estate planning.  The Court held that it had appellate jurisdiction over the motion for a stay of proceedings.

The Appellate Court held that the trial court properly denied the motion for stay of proceedings.

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The caption of this case is Evanston Insurance Company v. Riseborough and Jacobson and Riseborough, 1-10-2660.

The opinion is not available online or on the website of the Appellate Court.  I learned of this case when I read an excellent article by the Chicago Daily Law Bulletin.  I am amazed that an opinion of this importance is not published or easily available.  I had to send someone to the Appellate Court clerk’s office to obtain a copy of the opinion.

The case is of importance because it holds that the legal malpractice statute of limitations does not apply to a suit brought by a non-client against an attorney arising out of the performance of professional services.

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