Michigan Legal Malpractice Action Regarding WPA Lives to See Another Day
The Michigan Court of Appeals reversed the circuit court’s grant of summary disposition in a legal malpractice case. The case arose from a Whistleblower Protection Act suit in which the defendant represented the plaintiffs. When the relationship broke down, the plaintiffs brought a legal malpractice action alleging that the attorney: failed to pursue discovery, failed to pursue non-economic damages and wrongly advised of the damages that were available in a WPA suit, among others. The circuit court dismissed plaintiff’s legal malpractice claims. However, the Michigan Court of Appeals determined that the circuit court improperly inferred facts from the scant record.
Benson v. Boyle, No. 307543 (Mich. Ct. App. Feb. 7, 2013).