The Supreme Court of Virginia ruled the other day in an interesting legal malpractice suit. Some personal injury attorney had a client and forgot to file the case within the two year statute of limitations probably costing the guy a good bit of money.
The lawyers for the lawyer (yes, we have lawyers too) argued that the plaintiff could still sue another defendant in another state with a longer statute and so the lawyer couldn’t be considered negligent as the case wasn’t completely lost.
The Circuit Court ruled in favor of the lawyer, but the Supreme Court overturned their decision determining that the lawyer’s failure to file the suit on time was the proximate cause of the plaintiff needing to sue in another state. Basically, the lawyer argued that he didn’t commit malpractice because his failure timely to file only destroyed the plaintiff’s case in Virginia. Hopefully they’ll get this one right now that it’s been remanded for a trial.