Legal malpractice claim not assignable to adversary from underlying case

by Christopher J. Graham and Joseph P. Kelly

Kenco Enterprises Northwest, LLC v. Wiese, et al, Case No. 67351-3-I (Wn. App. Jan. 7, 2013)

Legal malpractice claim not assignable, directly or indirectly, to an adversary in a proceeding from which that legal malpractice is alleged to have arisen. This litigation arose out of an alleged breach under a real estate purchase and sale agreement and resulted in a $3 million judgment against counter-defendant who then assigned all its interest, including legal malpractice claims it might have against its attorneys to counter-plaintiff. Legal malpractice claim was not assignable because under Washington law “assignments between adversaries could give rise to potential conflicts of interest and could harm the legal profession by making lawyers reluctant to represent potentially judgment-proof clients.”

Category: Lawyers Malpractice Digest Comment »


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