Berry v. Javitch, Block & Rathbone, L.L.P.

{¶ 32} I respectfully dissent.

{¶ 33} In response to an interrogatory in a legal-malpractice action, Javitch, Block & Rathbone, L.L.P. (“the law firm”), misrepresented to Robert and Diane Berry that it had no malpractice insurance that would cover them claim. The Berrys subsequently accepted a settlement from the law firm and in exchange the Berrys were to release their claims against the law firm. Two and a half years later, the Berrys discovered the alleged misrepresentation. I would hold that the Berrys were entitled to either rescind the settlement or sue the law firm for fraud. If the…