Tuesday, November 28, 2006
No Malpractice for Lawyer Properly Withdrawing, Says First Circuit
Over at the blog for Appellate Law & Practice, a recent post comments on and links a U.S. First Circuit decision affirming summary judgment in favor of a lawyer who properly withdrew and caused the client to get a new lawyer. This is not malpratice (under contract law), said the court, applying Connecticut law and its Model Rules-based standard on withdrawing, Rule 1.16 -- and if it was (possibly under tort law), then the statute of limitations ran out, as timed from the withdrawal. [Alan Childress]
http://lawprofessors.typepad.com/legal_profession/2006/11/no_malpractice_.html