Spence v. Hilliard

McMurray, Presiding Judge.

This is a legal malpractice action in which plaintiff was represented by defendants in a previous lawsuit. Plaintiff, a landlord, was sued by his tenant. He engaged defendants to defend the tenant’s suit and to pursue a counterclaim against the tenant. The counterclaim was compulsory in nature.

Defendants answered the tenant’s lawsuit and they successfully defended it. Defendants did not, however, assert a counterclaim against the tenant. (Instead, defendant filed a claim against the tenant in a separate action. Of course, that claim failed because it should have been…