Wednesday, October 11, 2017

Judicial Error And Legal Malpractice: Claim Against Law Firm Reinstated

The Massachusetts Supreme Judicial Court reversed a lower court summary judgment in favor of a law firm in a malpractice action

The issue on appeal is whether, in a legal malpractice action, a court's error of law constitutes a superseding cause that bars recovery to the plaintiff client even where the defendant attorney was negligent for failing to prevent or mitigate the legal error. The plaintiff, Kiribati Seafood Company, LLC (Kiribati), brought a legal malpractice claim against its former law firm, Dechert LLP (Dechert). Kiribati alleged that Dechert negligently failed to provide a French appellate court with the evidence the court deemed necessary for Kiribati to prevail on a claim, which resulted in the court's denial of the claim. A judge of the Superior Court granted summary judgment to Dechert and denied partial summary judgment to Kiribati. The judge determined that the French appellate court committed an error of law in requiring this evidence and that, even if Dechert were negligent in failing to provide the evidence to the court, Kiribati could not recover damages for Dechert's negligence because the court's legal error was a superseding cause of the adverse decision. We conclude that an error of law under these circumstances is a concurrent, not a superseding, proximate cause and that the judge therefore erred in granting summary judgment to Dechert and denying partial summary judgment to Kiribati.

(Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2017/10/the-massachusetts-supreme-judicial-court-the-issue-on-appeal-is-whether-in-a-legal-malpractice-action-a-courts-error-of-la.html

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