San Francisco, Calif. (October 31, 2024) - After a ten-day jury trial in San Francisco Superior Court, Partner Alex Graft recently secured a defense verdict in a legal malpractice action arising out of underlying litigation with the claimants' homeowners association. The claimants alleged his client attorneys negligently advised them that the terms of the settlement agreement would result in the creation of a so-called independent board of directors for the homeowners association. It did not come to fruition. After the attorneys withdrew, they sued for their outstanding fees, which elicited a cross-complaint alleging malpractice, breach of fiduciary duty, breach of contract and negligent misrepresentation.
The jury was not persuaded that the attorneys breached any duty, rendered a defense verdict in full, and awarded the attorneys more than $50,000 in fees owed pursuant to their complaint. Because there was a fee arbitration leading up to the civil action, the attorneys may seek all defense fees incurred in the present action, which exceeds $300,000.
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