Legal Updates for Lawyers’ Professional Liability - CASE LAW UPDATE

Kohut v. Vlahos, 289 A.3d 96 (Pa. Super. 2022), purported named beneficiaries to a will cannot state a legal malpractice claim based upon an unsigned will. “Until Decedent signed a revised will, his purported intent to continue to leave his entire estate to Heirs remains unknown.” 
 
Cohen v. Horn, No. 22-2148, 2022 WL 17546950, at *2 (3d Cir. Dec. 9, 2022), summary judgement appropriately granted by district court applying New Jersey law because “Cohen failed to obtain an expert to explain the defendants’ duty of care and how it was breached.” 
 
Odyssey Contracting Corp. v. Georgoulis, No. CV 22-338, 2022 WL 6755465, at *2 (W.D. Pa. Oct. 11, 2022), judgment on the pleadings granted on statute of limitations basis in legal malpractice action. The court reaffirmed that Pennsylvania does not apply a continuous representation rule and breach of contract claims in legal malpractice actions must “emanate from a ‘specific executory promise.’” 
 

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