Filbin v. Fitzgerald

Opinion

RICHMAN, J.

There is a type of attorney malpractice lawsuit known as a “settle and sue” case, which involves a former client suing after litigation has been settled. Depending on whether the disgruntled client was the plaintiff or the defendant in the antecedent lawsuit, the basis of the claim is that the settlement was less than it should have been, or more than it had to be, by reason of the negligence of the party’s attorney. Obviously, the manner in which the underlying lawsuit was concluded will often make it problematic whether causation and damages can be established.

Here, the…