Justia Professional Malpractice & Ethics Opinion Summaries

Jones v. Westbrook

By
A client personally financed the sale of his business corporation. His attorney drafted documents that secured the buyer’s debt with corporate stock and an interest in the buyer’s home. Over seven years later the government imposed tax liens on the corporation’s assets; according to the client, it was only then he learned for the first time that his attorney had not provided for a recorded security interest in the physical assets. The client sued the attorney for malpractice and violation of the Alaska Unfair Trade Practice and Consumer Protection Act (UTPA). The superior court held that the statute of limitations barred the client’s claims and granted summary judgment to the attorney. But after review, the Alaska Supreme Court concluded that it was not until the tax liens were filed that the client suffered the actual damage necessary for his cause of action to be complete. Therefore, the Court reversed the superior court's judgment and remanded the case for further proceedings. View "Jones v. Westbrook" on Justia Law