Judgment Granted for Defense in Legal Malpractice Case

August 1, 2008

Plaintiff client (also plaintiff in underlying wrongful termination case) alleged that the defendant’s attorney, represented by Casey Yim and Nancy N. Potter, did not communicate a time limitation on a settlement proposal by the defendant in the underlying case. The attorney had e-mails to the plaintiff transmitting the proposed settlement agreement, and making reference to the time limitations set forth in the settlement document itself, and in the opposing counsel’s e-mail transmittal correspondence.

On the day of the deadline, the defendant’s attorney sent another e-mail to the plaintiff, again requesting that she sign the settlement document immediately, and again referencing the deadline that afternoon. Plaintiff e-mailed the attorney back, stating that she had been re-thinking the settlement, that she wanted to change some of the terms; and as to the time deadline, she said: “Make them wait”.

The deadline came and went, and attorney continued to try to negotiate for the new terms requested by client, but opposing counsel declined. Thereafter, a Motion for Summary Judgment was granted, dismissing plaintiff’s case.

Defendant’s attorney filed a claim for legal fees due, and the plaintiff filed a separate claim for legal malpractice. Arbitrator granted defense award, in favor of defendant’s attorney. Arbitrator also granted defendant attorney his costs and arbitration fees.