Campbell v. Fine, Clin & Anderson, P. C.

OPINION OF THE COURT

David B. Saxe, J.

May a law firm rely upon a form retainer agreement which by its terms is limited to representation of the client before the Workers’ Compensation Board, in order to avoid a malpractice action based upon the failure to ensure timely commencement of other available actions at law on behalf of the client? I hold that it may not.

It is alleged in the complaint that on December 22, 1986 the plaintiff was injured while employed at a construction site, and that he thereafter retained the defendants to recover on his behalf all available damages, and to pursue all…