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Ketucky Legal Malpractice Attorney
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Ketucky Legal Malpractice Attorney
Legal Malpractice of a Legal Malpractice Case?
Today the Court of Appeals of Kentucky rendered an opinion that may result in a legal malpractice case within a legal malpractice case. In Ronald Manning and Manning Family Trust v. Wilkinson and Stoll Keenon & Ogden, 2005-CA-002491, the court of appeals affirmed the Fayette Circuit Court's dismissal of a legal malpractice case filed against the law firm of Stoll Keenon & Ogden and one of its attorneys.The original dismissal by the trial court was based on the the failure of the attorneys to prosecute the legal malpractice case they filed against Stoll Keenon. Kentucky has a "house keeping" rule that requires circuit court judges to dismiss cases that have been inactive for over a year (CR 77.02). According to the appellate opinion, the circuit court issued three notices that the legal malpractice case would be dismissed unless someone started doing some work on the case. Apparently, no one ever moved the case along and the trial court dismissed the case against Stoll Keenon. The Court of Appeals affirmed the dismissal.
One has to now wonder if the clients will hire a lawyer to sue the lawyers that they hired to sue their other lawyers. What a mess.
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