Although potential legal malpractice claim may have been raised in probate proceeding, it can't be said that plaintiffs had full and fair opportunity to litigate claims or that it would otherwise be equitable to bar legal malpractice claim under entire co

The issue in this appeal is whether the plaintiffs' legal malpractice action against the defendants, the attorneys for the estate of their late father, is precluded by disposition of earlier lawsuits or otherwise barred by the entire controversy doctrine. In a prior probate proceeding, the executor of the estate of the plaintiffs' deceased father filed a complaint for approval of a formal accounting of an estate trust formed by the plaintiffs' father. The defendants had intervened in the accounting action on the cusp of a firm trial date. Following the conclusion of the probate proceeding, the plaintiffs filed the underlying legal malpractice action. The trial judge entered summary judgment in the defendants' favor, holding that the legal malpractice claim was barred by the entire controversy doctrine. The Appellate Division reversed and remanded, concluding that the plaintiffs' legal malpractice action was not barred. The Supreme Court agreed with the Appellate Division.

Case Law Alert - 3rd Qtr 2011