Neb. – “A Client Cannot Recover for Malpractice in the Following Circumstances . . .”
By Will Jordan
Legal malpractice case law isn’t always crystal clear on the application of contributory/comparative negligence, mitigation of damages, and other affirmative defenses based upon the plaintiff’s conduct. A recent case decided by the Nebraska Supreme Court, however, gives legal malpractice defense attorneys some helpful ammunition. Citing cases from various jurisdictions across the country, the court noted that “a client cannot recover for malpractice in the following circumstances: (1) when the client failed to follow the attorney’s reasonable advice; (2) when the client directed the attorney’s actions in a matter and the attorney acted in accordance with the client’s instruction; and (3) when the client misrepresented material facts upon which the attorney relied.” Good language to use down the road.
Balames v. Ginn, 861 N.W.2d 682 (Neb., April 17, 2015).
Read the full opinion here.