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Maryland Legal Malpractice Attorney

Can an attorney successfully represent a client but still commit legal malpractice?

Legal malpractice can occur even when the attorney has successfully represented a client.   This occurred in Bijou v. Young-Battle 185 Md.App. 268 (2009).    Andrienne Young-Battle was bitten on the hand by a dog owned by Leila Bijou.  Young-Battle retained counsel and sued Young-Battle for $250,000.   The jury returned a verdict in the amount of $504,480, including $311,000 in loss earnings as a graphic designer.    At this point, Young-Battle’s attorney should have requested that the Court amend her $250,000 damage demand to conform with the $504,480 verdict.   But he didn’t.   The result was that the Court reduced the $504,480 judgment to $250,000.   The attorney’s malpractice cost the client $254,480. 

Queries:  Do you think that Young-Battle’s attorney was entitled to receive one-third of the reduced $250,000 verdict?   If Young-Battle’s attorney had malpractice insurance that covered the $254,480 in damages, was the attorney entitled to receive one-third of $504,480 as fees?

Article by Stewart A. Sutton featured in the Maryland Bar Journal:
Emotional Distress Damages - Recoverable in Legal Malpractice Actions
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Law Office of Stewart Andrew Sutton, LLC
8 Executive Park Court
Germantown, Maryland 20874
Telephone: 301-916-5000
Fax: 301-916-1201