Dong Wan Kim v. O'Sullivan

¶1 A client may not assign a claim of attorney malpractice to his adversary in the litigation out of which the alleged malpractice arose. Kommavongsa v. Haskell, 149 Wn.2d 288, 67 P.3d 1068 (2003). Appellant Kim has attempted to avoid this rule by agreeing to prosecute the claim in his own name for the benefit of his original adversary and subject to that adversary’s right to control the litigation. Because the rationale of Kommavongsa renders such an agreement invalid, and because appellant Kim has not offered proof of damages that would support his claim in any event, the trial court…