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Keywords

settlementplaintiffattorneynegligencetrialsummary judgmentmalpracticediscriminationlegal malpractice

settlementplaintiffattorneynegligencesummary judgmentmalpracticediscriminationlegal malpractice

Related Cases

McKnight v. Dean, 270 F.3d 513, 87 Fair Empl.Prac.Cas. (BNA) 225

Facts

Gary McKnight initially sued General Motors for employment discrimination and received a settlement. After a dispute over attorney fees, McKnight's attorney, Kenneth Dean, represented him in a malpractice suit against his former attorney, Robert Gingras. McKnight claimed that Dean forced him to settle for $765,000, which he believed was less than he could have obtained had they gone to trial. The district court granted summary judgment in favor of Dean, concluding that McKnight did not show that Dean's actions caused him any actual harm.

Issue

Did the actions of McKnight's attorney, Kenneth Dean, in settling the malpractice claim against Robert Gingras constitute legal malpractice, and did McKnight suffer any actual harm as a result?

Rule

To establish a claim for legal malpractice, a plaintiff must demonstrate that the attorney's negligence caused actual harm, which typically requires showing that the outcome would have been more favorable had the attorney acted competently.

Analysis

The court analyzed whether McKnight could prove that Dean's alleged malpractice resulted in actual harm. It noted that McKnight received a substantial settlement and failed to provide evidence that he would have obtained a better outcome had he not settled. The court emphasized that the reasonableness of Dean's actions must be evaluated in light of the circumstances surrounding the case against Gingras, which had significant weaknesses.

Conclusion

The court affirmed the summary judgment in favor of Dean, concluding that McKnight did not demonstrate that he suffered any injury from Dean's representation.

Who won?

Kenneth Dean prevailed in the case because the court found that McKnight failed to prove any actual harm resulting from Dean's actions.

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