Representative Cases

Case Summary -- Legal Malpractice Defense Action

Robert L. Ferguson, Jr. represented a large Baltimore law firm and one of its partners in a legal malpractice claim brought by a former client. Defendants had represented the client in the defense of an automobile negligence case in the Circuit Court for Baltimore County. A Baltimore County jury returned a substantial verdict against the client. Thereafter, the client filed an appeal. While the appeal was pending, the injured person executed on the judgment causing the client to pay the judgment in full and to forego its appeal. The client then filed suit against their former attorneys alleging that their attorneys failed to exercise reasonable skill in their representation during the pre-trial, trial and post-trial phases. Mr. Ferguson developed arguments on behalf of the former attorneys that (1) the attorneys did not breach any duties of care in representing the client in the pre-trial and trial stages and (2) that the attorney’s alleged failure to obtain the proper bonds to perfect the appeal did not cause the client any damage, because the client would not, as a matter of law, have won a new trial based upon either of the two alleged appellate issues. Shortly before trial, the U.S. District Court granted partial summary judgment in favor of the attorney and the law firm. The parties then settled the case for a nominal amount which was less that Defendants’ anticipated trial costs.