By The Law Offices of John Day, P.C. on May 17, 2024 05:53 am
Proof related to potential damages alone are insufficient to sustain a legal malpractice claim in Tennessee. In Cox v. Vaughan, No. E2023-00930-COA-R3-CV (Tenn. Ct. App. April 10, 2024) (memorandum opinion), plaintiff filed a legal malpractice claim against defendant attorney. Plaintiff and defendant previously contracted for defendant to represent plaintiff in claims related to an automobile accident. Defendant never filed any claim and avoided communicating with plaintiff. After plaintiff filed a complaint with the Board of Professional Responsibility, defendant returned plaintiff’s retainer fee. Plaintiff subsequently filed this legal malpractice suit, alleging that she suffered damages due to defendant’s failure to follow through on her case. Defendant moved for summary judgment. He asserted that, pursuant to the representation agreement, the scope of his representation of plaintiff was limited to “claims against GMC for breach of contract of implied and express warranties.” Because the statute of limitations for such claims is six years, defendant argued that the claims still existed and plaintiff suffered no damage.
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