Tuesday, June 18, 2013

Not Without Sympathy But Without Recourse

While it was "not without sympathy" for an injured woman who had looked to the legal profession for protection of her rights, the North Carolina Court of Appeals nonetheless dismissed her legal malpractice case on statute of limitations grounds.

The woman had been in a rear end collision that was entirely the fault of the other driver. She retained Virginia counsel, who instituted suit in a Virginia court.

A North Carolina attorney convinced her to retain him and assured her that she could obtain relief in federal court. The Virginia suit was dismissed. Unfortunately, so was the federal case on grounds of improper venue.

The woman then hired the defendant law firm to sue the North Carolina attorney for malpractice. They messed up the malpractice case and summary judgment was granted to the North Carolina attorney.

The woman did not sue the law firm but rather permitted them to continue the representation.

Here, the court found that the woman waited too long to sue the law firm for malpractice.

Wonder what her opinion is of the legal profession. (Mike Frisch)


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