Follender v. Scheidegg

Memorandum opinion

BROCK, C.J.

The plaintiff, Richard C. Follender, sued the defendant, Carl R Scheidegg, for unpaid legal fees. The defendant responded with a counterclaim for legal malpractice. Following a pretrial hearing on pending motions, the Superior Court (Hampsey, J.) dismissed the counterclaim for failing to provide expert evidence of causation. We affirm.

Although we have not previously addressed the issue, we assume without deciding that, at least for the purposes of this case, expert testimony is required to prove proximate cause in a legal malpractice action. See Harris v. Magri,…