A client hires Lawyer 1, who gives incorrect legal advice. The client then hires Lawyer 2 who gives the same incorrect advice. Lawyer 2 files suit for the client, but the client’s case is thrown out because of the incorrect legal advice. Who is to blame? Lawyer 1, Lawyer 2, or both lawyers? While you would think it’s both lawyers, according to a June 2020 decision by the United States Court of Appeals for the District of Columbia, the answer may be just Lawyer 2. In the recent federal appeals court decision, Lawyer 1 was held not liable for legal malpractice for advising his client incorrectly on the statute of limitations to bring his case, because the client subsequently hired Lawyer 2, who also misconstrued the statute of limitations, and then did not file the client’s suit on time. According to the Court, under those circumstances, the client’s loss case was the responsibility of Lawyer 2 only, because regardless of the Lawyer 1’s mistake, Lawyer 2 was responsible for, and had the opportunity to, independently and correctly file the client’s case before the statute of limitations ran out.
