Adkin Plumbing & Heating Supply Co. v. Harwell

The plaintiff, Adkin Plumbing & Heating Supply Co., Inc. (Adkin), retained the services of the defendant attorney, Tyler P. Harwell, on a contingent fee basis. Dissatisfied with Harwell as its attorney, Adkin discharged the defendant and subsequently filed a malpractice action. Harwell counterclaimed for breach of contract and wrongful discharge. The Superior Court (Gray, J.) granted the plaintiff’s motion to dismiss the defendant’s counterclaim, which he now appeals. We reverse.

*466Accepting the defendant’s version of the facts as true, as we must on an appeal of a motion to dismiss, Hartman v.…