Franko v. Mitchell

I concur in Judge Greer’s analysis and holding as to the breach of contract count of the complaint and as to attorney’s fees.

As to negligence (legal malpractice) I dissent from Judge Greer’s analysis and holding.

Judge Greer agrees that a plaintiff may maintain an action in negligence by showing that the defendant owed plaintiff a duty, that the duty was breached, and that the breach proximately caused an injury, which resulted in actual damages. Donnelly Const. Co. v. Oberg/Hunt/Gilleland, 139 Ariz. 184, 187, 677 P.2d 1292, 1295 (1984). Once an attorney-client relationship is established, the…