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Keywords

lawsuitplaintiffdefendantlitigationattorneytrialmalpracticelegal malpractice
plaintiffdefendanttrialmalpracticelegal malpractice

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Mozzochi v. Beck, 204 Conn. 490, 529 A.2d 171

Facts

The defendants, attorneys Bruce S. Beck and Kathleen Eldergill, represented Walter Muszynski in a lawsuit against the plaintiff, Mozzochi, who was accused of making false and malicious statements about Muszynski. Despite learning that the plaintiff's statements were true and that the lawsuit was without merit, the defendants continued to pursue the case, allegedly to inflict injury on the plaintiff and benefit their client. The plaintiff subsequently filed a complaint against the attorneys for abuse of process and legal malpractice, which the trial court struck down.

According to the complaint, at some time prior to May 7, 1982, the defendants instituted an action on behalf of Walter Muszynski against the present plaintiff.

Issue

Whether a cause of action for abuse of process can be established against attorneys who continued litigation despite knowing their client's claim lacked merit, and whether the plaintiff can claim legal malpractice as a foreseeable beneficiary of the attorneys' services.

The plaintiff maintains, however, that the trial court erred in holding that his complaint failed to state a claim either for abuse of process or for legal malpractice.

Rule

A cause of action for abuse of process requires showing that legal process was used primarily to accomplish a purpose for which it was not designed, and legal malpractice claims require the plaintiff to be a foreseeable beneficiary of the attorney's services.

An action for abuse of process lies against any person using 'a legal process against another in an improper manner or to accomplish a purpose for which it was not designed.'

Analysis

The court determined that the plaintiff's allegations were too vague to support a claim for abuse of process, as they did not specify any overt acts by the defendants that were unrelated to the lawsuit itself. The court emphasized that the mere continuation of litigation, even if it was without merit, does not constitute abuse of process unless there is evidence of an ulterior motive or improper use of legal process. Furthermore, the court found that the plaintiff had not established a relationship with the defendants that would make him a foreseeable beneficiary of their legal services, thus failing to support a claim for legal malpractice.

Our appraisal of the plaintiff's complaint in light of this holding leads us to conclude that the complaint does not state a cause of action for abuse of process.

Conclusion

The court affirmed the trial court's decision, concluding that there was no error in striking the plaintiff's complaint for both abuse of process and legal malpractice.

Accordingly, we hold that the plaintiff's complaint did not state a cause of action for legal malpractice.

Who won?

Defendants (attorneys Bruce S. Beck and Kathleen Eldergill) prevailed because the court found that the plaintiff failed to state a valid cause of action for either abuse of process or legal malpractice.

The court held that the plaintiff's complaint could not support an action for legal malpractice grounded in the provisions of the Code of Professional Responsibility, because it did not allege that the plaintiff had ever been the foreseeable beneficiary of the legal services rendered by the defendants for their client, Muszynski.

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