Saturday, February 12, 2011
Court of appeals in Michigan allows cause of action for legal malpractice even though client agreed to settlement in the underlying action
Last month, a Court of Appeals in Michigan allowed a legal malpractice suit to go forward clarifying the circumstances in which clients who become disenchanted with settlements can sue their attorneys for negligence. The case is called Laethem Equipment Co. v. Currie Kendall, P.L.C.. The court held that the mere fact that the client agreed to the settlement did not eliminate the right of the client to later complain his attorney had been negligent in obtaining the settlement. For a summary of the case, go here. This is not the first time we have seen cases against lawyers who settle cases even though the clients agree to the settlements. For examples from courts in New Jersey and Illinois go here and here.