Loveman v. Hamilton

Appellee’s claim for legal malpractice against the Weitzman estate survives, pursuant to R. C. 2305.21, if legal malpractice (1) is a cause of action that survives at common law or (2) constitutes an injury to appellee’s property interests. For the reasons that follow, we find that an accrued cause of action in legal malpractice meets both of the foregoing tests.

Initially, it should be noted that, at common law, actions ex contractu survived the death of a defendant and actions ex delicto did not. Village of Cardington v. Adm’r. of Fredericks (1889), 46 Ohio St. 442, 448. Although a client’s…