Virginia Appellate Court Split Over Legal-Malpractice Suit, Attorney’s Continued Representation as Special Counsel in Chapter 7 Liquidation

“Conway ignored their ethical and contractual obligation to Smith, which is a basis of Smith’s legal malpractice claim. It was improper for the trial court to resolve this issue in favor of Conway on summary judgment by finding that there was an implied contract for the Chapter 7 representation,” Virginia Court of Appeals Judge Doris Henderson Causey wrote in a lone dissenting opinion.


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