Conflict Arises for Assisting In-House Counsel
The Fifth Circuit revived legal malpractice claims lodged by an aerospace firm that complained its outside counsel assisted two of its in-house attorneys with gender discrimination claims. The company counterclaimed in the suit filed by its former attorney and asserted third-party claims against its outside counsel and the firm’s partner for conspiracy to breach, and breach of, their fiduciary duties, unjust enrichment and conversion. While not all of the claims survived, the court overrode summary judgment on the claims regarding conduct related to another in-house attorney and the plaintiff. It also allowed the company’s claims for misappropriation of confidential client documents to advance.