Justia Professional Malpractice & Ethics Opinion Summaries

Plaintiffs, a married couple proceeding as self-represented parties, commenced a legal malpractice action against Defendants by way of a complaint and a summons. Defendants filed a motion to dismiss the complaint on the ground that the writ of summons failed to provide either a recognizance by a third party or a certification of Plaintiffs’ financial responsibility. The trial court granted the motion and dismissed the action. The Appellate Court summarily affirmed the judgment of dismissal. The Supreme Court reversed, holding that the trial court abused its discretion by failing to afford Plaintiffs an opportunity to file a bond to avoid dismissal of the action. Remanded. View "Costello v. Goldstein & Peck, P.C." on Justia Law

The primary issue in this case was whether a nonparty attorney may bring a writ of error from a trial court's order requiring the attorney to comply with a clear and definite discovery request. The plaintiff in error, Finn, Dixon & Herling, LLP (Finn Dixon) brought this writ of error from an order of the trial court requiring it to comply with a subpoena duces tecum issued by the defendants in error, Shipman & Goodwin, LLP, and Carolyn Cavolo (Defendants), who were also the defendants in the underlying case. Finn Dixon contended that the trial court improperly denied its motion to quash, in which it claimed that Defendants sought materials protected by the attorney-client privilege and the attorney work product doctrine. The Supreme Court granted the writ, holding (1) the trial court's order was an appealable final judgment; and (2) the trial court improperly denied Finn Dixon's motion to quash the subpoena. Remanded. View "Woodbury Knoll, LLC v. Shipman & Goodwin, LLP" on Justia Law