Clement v. Prestwich

Plaintiff, Charlotte K. Clement, appeals from an order dismissing with prejudice her complaint for legal malpractice against defendant, Howard H. Prestwich, an attorney. Plaintiff brought suit based on a purported assignment of a legal malpractice claim against defendant, which plaintiff had received from Linda King. The trial court granted defendant’s motion to dismiss, ruling that a claim for legal malpractice could not be assigned. The issue plaintiff raises on appeal is whether a cause of action for legal malpractice is assignable.

The facts, as alleged in plaintiff’s complaint, are set…