In the underlying case, the legal malpractice plaintiffs were sued by neighbors alleging ejectment and trespass. The plaintiffs counterclaimed arguing the neighbor sprayed 2,4-D near their garden and as a result the wife developed non-Hodgkins, T-cell lymphoma. The medical diagnosis had been determined after a costly process which narrowed down the cause from B-cell lymphoma or other mutations, and the plaintiffs attested to how they believed their neighbors should pay the medical fees. The law firm representing the counterclaimants (now plaintiffs) decided to withdraw from the case after the court dismissed all of the counterclaims. A jury in this underlying case found in favor of the neighbors on all remaining counts. The plaintiffs then filed a breach of contract and legal malpractice case against their attorneys.
The plaintiffs claimed the law firm failed to fully investigate the facts of the case, failed to timely respond to the neighbors’ motion for summary judgment, failed to keep them informed of the status of the case or the strengths and weaknesses of the case and withdrew without good cause or giving them an opportunity to be heard.
This malpractice case went to trial and the jury found the law firm negligent but the negligence caused no damages to plaintiffs.
