Attorneys obtained summary judgment in a complex legal malpractice action claiming a large sum in damages

Attorneys obtained summary judgment in a complex legal malpractice action claiming a large sum in damages. Plaintiff had a performance-based employment contract with the corporate buyer of a high-tech coal briquette manufacturing facility. Plaintiff contended that through his efforts and specialized knowledge the corporation's net profits increased and that, under his written employment contract, he was entitled to a 10% share of those profits. Plaintiff alleged that our client, the defendant law firm, failed to properly supervise its associates and breached fiduciary duties by failing to disclose to plaintiff the reasons for the law firm's termination of a senior associate assigned to plaintiff's case. In particular, plaintiff alleged that the law firm fired the associate for "incompetence, malpractice and alcoholism" and had a duty to inform the plaintiff of these issues in order to enable plaintiff to make an informed decision as to whether to keep his case with the firm or to permit the associate to take the case upon his departure. The case left with the associate. The underlying case ultimately proceeded to trial by the former associate but resulted in a modest verdict on only one theory of recovery when, according to plaintiff, no evidence of "net profit" damages was offered at trial. We successfully argued that plaintiff could not adduce evidence that the law firm terminated the associate for the reasons claimed and, even if he could, that the termination was somehow related to plaintiff's legal matter. As such, we argued the law firm had no affirmative duty to inform clients, including plaintiff, of the reasons for the associate's departure. Plaintiff appealed the decision to the Superior Court where the case was thereafter selected for its mandatory Mediation Program. We were able to convince the plaintiff and his counsel to withdraw the appeal without monetary payment.