10/08/2009
Intentional Wrongdoer Can't Sue for Legal Malpractice
Whiteheart v. Waller, 681 S.E.2d 419 (2009)
Brief Summary
The North Carolina Court of Appeals affirmed the dismissal of a legal malpractice claim based on the doctrine of in pari delicto. Dismissal under the doctrine was appropriate, despite the lawyers’ misconduct, because the plaintiff was collaterally estopped from denying that he had committed intentional misconduct.
Hinshaws Lawyers for the ProfessionSM Alert can also be viewed at http://www.lawyeringlaw.com.