Attorneys succesffully defended an alleged legal malpractice action
Attorneys succesffully defended an alleged legal malpractice action in which plaintiff filed suit against her former attorney, who had represented Plaintiff in several separate and distinct legal matters over the course of nearly two years, including a civil rights claim in federal court against Plaintiff's former employer. Plaintiff asserted claims for breach of fiduciary duty, breach of contract, negligence and fraud because defendant failed to fulfill her supposed primary objective, restoring her employment or, alternatively, recovering damages resulting from the loss of her employment; instead the defendant pursued collateral legal matters, the results of which were largely unsuccessful, while charging exorbitant fees for all legal services rendered. Defense attorney argued that Plaintiff's breach of fiduciary duty, negligence and fraud claims were barred by the applicable two-year statute of limitations, and also, more significantly, that Plaintiff could not prevail on any of her claims in the absence of expert testimony, despite her stated intent to proceed without an expert. The Court agreed with both arguments, and the motion for summary judgment was granted in its entirety.