McInnis v. Hyatt Legal Clinics

Appellants argue that an attorney cannot commit legal malpractice when he complies with the notice provision of R.C. 3105.06, which pertains to service by publication.

An attorney may not be held liable for malpractice in doing that which the law requires in obtaining service of process. However, he is liable for effecting publication of appellee’s pending divorce, which was contrary to the specific instructions of his client and the written assurance. This is especially vital where there was no further discussion with the client about the publication. As the court of appeals correctly stated,…