Barmat v. John and Jane Doe Partners AD

FELDMAN, Vice Chief Justice.

This is a legal malpractice action in which the trial court granted summary judgment for the defendants. The court of appeals reversed and allowed plaintiffs attorney’s fees on appeal. Barmat v. John and Jane Doe Partners, 155 Ariz. 515, 747 P.2d 1214 (App.1986). We granted review for the sole purpose of determining whether a legal malpractice action “arises out of a contract” so as to be eligible for an award of attorney’s fees pursuant to A.R.S. § 12-341.01(A).

I. FACTS

In February 1982, police officer Jeffrey Ross was killed during a narcotics raid on a bar owned…