Attorneys obtained dismissal of a legal malpractice claim against defendant, a large plaintiff's firm
Attorneys obtained dismissal of a legal malpractice claim against defendant, a large plaintiff's firm. Plaintiff in the matter was counseled by one of the two original defendant law firms in the case concerning a worker's compensation claim for asbestosis. Subsequently, the first firm referred the matter to the other co-defendant firm for handling. The other co-defendant then asked our defendant to consult for a potential third-party asbestos claim against the asbestos manufacturer. Defense attorneys successfully argued that the claim was referred to defendant for review after the Statute of Limitations had expired; and, further, successfully argued that the plaintiff had not made the requisite proof that the underlying third-party case, if brought within the Statute, would have been successful. In addition to arguing that there was no attorney-client relationship between the plaintiff and our client, defense attorneys further argued that defendant owed no duty to the referring law firm.