Legal Malpractice Claims Not Assignable to Adversary
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Legal Malpractice Claims Not Assignable to Adversary

The Washington Court of Appeals upheld the decision of the lower court that a legal malpractice claim could not be assigned to one’s adversary in a proceeding from which that legal malpractice claims is alleged to have arisen.  The issue arose from a real estate purchase and sale agreement from which Kenco Enterprises sued Sleeping Tiger, LLC for failing to make payments.  The suit ended in a settlement in which Sleeping Tiger took over Kenco Enterprises and the real estate in question.  Sleeping Tiger then brought a legal malpractice suit in Kenco’s name against the attorney that had drawn up the purchase and sale agreement.  The Washington Court of Appeals determined that the suit falls within Washington’s prohibition of the assignment of legal malpractice claims.

Kenco Enterprises Northwest v. Wiese, No. 67351-3-I (Wa. App. Jan. 7, 2013).
 
Kenco Enterprises v. Wiese.pdf