While an appeal has been filed, James R. Schadel (Member) and Laura E. Benson (Associate) successfully obtained a dismissal of their clients, a lawyer and his law firm, in a legal malpractice matter arising from an underlying personal injury claim, and specifically, the settlement of that claim. Plaintiff asserted claims of professional malpractice and misrepresentation, alleging that the attorney had a conflict of interest in representing both her, and her then-husband’s, interest at the time of the settlement, and that the attorney concealed this conflict from her. Ultimately, Plaintiff was unsatisfied with the settlement amount she received for her loss of consortium claim, and alleged she was induced to accept less than it was worth. Attorneys Schadel and Benson’s Motion for Summary Judgment was granted three weeks before the start of trial, saving their clients the significant cost, time and burden of a lengthy and expensive trial.
