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Keywords

plaintiffdefendantattorneyappealtrialmalpracticelegal malpracticecase law

plaintiffdefendantattorneyappealmalpracticelegal malpractice

Related Cases

Allen v. Lefkoff, Duncan, Grimes & Dermer, P.C., 265 Ga. 374, 453 S.E.2d 719, 50 A.L.R.5th 839

Facts

The case arose from a legal malpractice action where the plaintiff alleged that the defendant attorneys had violated certain provisions of the Code of Professional Responsibility. The trial court disallowed any evidence or jury instruction regarding these alleged violations, leading to an appeal. The Court of Appeals affirmed the trial court's decision, stating that the relevant case law did not support the inclusion of such evidence in a legal malpractice action.

The case arose from a legal malpractice action where the plaintiff alleged that the defendant attorneys had violated certain provisions of the Code of Professional Responsibility.

Issue

Whether a violation of the Code of Professional Responsibility or the Standards of Conduct under Bar Rule 4–102 can serve as a legal basis for a legal malpractice claim and whether such violations are admissible as relevant evidence in a legal malpractice action.

Under what conditions can a violation of the Code of Professional Responsibility or the Standards of Conduct under Bar Rule 4–102 serve as a legal basis for a legal malpractice claim?

Rule

The court held that while a violation of the Code of Professional Responsibility cannot solely serve as a basis for a legal malpractice action, pertinent Bar Rules may be relevant to the standard of care if they are intended to protect a person in the plaintiff's position or address the particular harm suffered by the plaintiff.

Our opinion holds that ethical violations standing alone cannot form the basis for legal malpractice actions, but that ethical standards and rules are admissible evidence, relevant to the standard of care to be applied, if they are intended to protect a person in the plaintiff's position or if they address the particular harm suffered by the plaintiff.

Analysis

The court analyzed the role of the Bar Rules in legal malpractice cases, concluding that they could be considered as evidence of the standard of care if they relate to the specific harm suffered by the plaintiff. The court emphasized that the duties imposed by the Bar Rules cannot provide the sole basis for the standard of care but can inform the jury's understanding of what constitutes ordinary care, skill, and diligence in the legal profession.

Conclusion

The Supreme Court reversed the Court of Appeals' decision and remanded the case for further proceedings, allowing for the consideration of Bar Rules as relevant evidence in determining the standard of care in legal malpractice actions.

Judgment reversed and case remanded to the Court of Appeals.

Who won?

The plaintiff prevailed in the Supreme Court, which reversed the lower court's ruling and allowed for the consideration of Bar Rules in the malpractice claim.

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Huskinson & Brown v. Wolf, 32 Cal.4th 453, 84 P.3d 379, 9 Cal.Rptr.3d 693, 04 Cal. Daily Op. Serv. 1473, 2004 Daily Journal D.A.R. 2254

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Fassihi v. Sommers, Schwartz, Silver, Schwartz & Tyler, P.C., 107 Mich.App. 509, 309 N.W.2d 645

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