11/15/2006
Court Upholds Dismissal of Malpractice and Disgorgement Claims
Tamara Slovensky v. Morton C. Friedman, et al.
49 Cal. Rptr. 3d 60, 2006 WL 2675869 (Cal. App. 3 Dist.)
49 Cal. Rptr. 3d 60, 2006 WL 2675869 (Cal. App. 3 Dist.)
Brief Summary
A plaintiff, whose claim was already time-barred when she first consulted counsel, cannot pursue a legal malpractice claim, especially given that counsel was able to negotiate a monetary settlement for her. This same plaintiff also could not seek disgorgement of fees received by counsel because counsel’s alleged breaches of fiduciary duties caused plaintiff no harm.
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