Clement has attempted to bring the claim, but Prestwich alleges that a claim for legal malpractice is not assignable. Decision?
Linda King was found liable to Charlotte Clement as the result of an automobile accident. King, who was insolvent at the time, declared bankruptcy and directed her attorney, Prestwich, to list Clement as an unsecured creditor. The attorney failed to carry out this duty, and consequently King sued him for legal malpractice. When Clement pursued her judgment against King, she received a written assignment of King’s legal malpractice claim against Prestwich. Clement has attempted to bring the claim, but Prestwich alleges that a claim for legal malpractice is not assignable. Decision?
Decision will be against Individual C.
This is because the claim of legal malpractice is not an asset because of which it is not assignable in a bankruptcy action. The breach of duty by an attorney is a personal point to a client.
Decision of judgement will be against Individual C. The court holds that a civil malpractice lawsuit is not an asset that can be allocated in a bankruptcy action.
In addition, on public policy grounds, the assignment of an action for legal malpractice is not allowed. An attorney's violation of duty to a client is personal to the client.
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