A Philadelphia County Court of Common Pleas trial court has held that damages for legal malpractice claims sounding in breach of contract are limited to the legal fees the plaintiff paid to his attorney.
Typically, the measure of damages for breach of contract claims includes consequential damages to the extent such damages were reasonably foreseeable and contemplated by the parties at the time the contract was entered into. The trial court in this matter, however, has concluded that such damages are limited to the legal fees paid by the plaintiff to his attorney and disallowed the recovery of consequential damages. This case has been appealed to the Superior Court of Pennsylvania.
Case Law Alert - 1st Qtr 2012