Attorney Malpractice defense judgment by Tim Halloran and Summer Smith
After a three week jury trial, shareholder Tim Halloran and director Summer Smith obtained a defense judgment for their clients, DeMartini & Walker. Following the close of all evidence, the Court rendered a nonsuit as to eleven causes of action in favor of the attorney defendants who were sued by members of an LLC, who had sued their former co-members and the co-members’ attorney in a dissolution and fraud case. The plaintiffs, Mr. and Mrs. Hogue, were attempting to find liability against a law firm hired to help draft a buy-sell agreement for the benefit of the LLC members who would retain ownership. This is an area of potential risk for attorneys representing small businesses and limited liability companies. Following a motion by the defense, the attorneys were exonerated of any liability on the case. The Court found no duty to the selling members and no standing to sue on behalf of a dissolved company that they no longer owned.