Attorney’s Failure to Sue Viable Entity Constitutes Professional Negligence
An attorney successfully obtained a judgment for his client on a construction contract dispute. The client claims the judgment is worthless because he has been unable to collect since his attorney sued a “trade name” company that allegedly has no assets. While the case has a tortured procedural history, the Pennsylvania Superior Court revived the client’s claim finding he has already asserted a viable cause of action for legal malpractice for his attorney’s failure to sue the correct party. The case may also survive if he is able to prove facts that satisfy the discovery rule to avoid the attorney’s statute of limitations defense.