Fitzgerald v. Congleton

Plaintiff, Judy W. Fitzgerald, appeals from a decision of the trial court that her claim for legal malpractice was barred by 12 V.S.A. § 512(4). We hold that plaintiff’s claim is not barred in its entirety, and, accordingly, reverse.

I

On September 28, 1981, attorney William G. Congleton, defendant, was paid a retainer to represent plaintiff and her husband in a juvenile proceeding in which the State alleged that their son was a child in need of care and supervision. The proceeding was held that same date, and on behalf of his clients, defendant admitted certain allegations of the petition at…