Bad news for the disgruntled divorce client in the case reported on here Nov. 17: a state appellate court has ordered San Francisco Superior Court Judge Ronald Quidachay to reconsider his ruling allowing the client to claim emotional distress damages over the attorney’s alleged mishandling of his divorce (which the attorney denies). Ryan Kent of San Rafael, Calif., representing defendant attorney Joseph Pisano, said a claim for emotional distress damages “just opens up a whole bag of worms”. And: “It’s too open-ended. It’s not predictable.” We know plenty of defendants in other professions that must wish they had the benefit of that logic. (Pam Smith, “Calif. Appeal Court Unmoved by Emotional Distress Claim in Malpractice Case”, The Recorder, Dec. 22). More: George Wallace and David Giacalone comment.
Update: emotional-distress claim against divorce lawyer
Bad news for the disgruntled divorce client in the case reported on here Nov. 17: a state appellate court has ordered San Francisco Superior Court Judge Ronald Quidachay to reconsider his ruling allowing the client to claim emotional distress damages over the attorney’s alleged mishandling of his divorce (which the attorney denies). Ryan Kent of […]
2 Comments
Emotional Rescue: Appellate Court Remains Skeptical Toward Emotional Distress Recovery in Legal Malpractice Cases
Under current California law, emotional distress damages are generally not permitted in legal malpractice cases because the courts regard most such claims [rightly, in the view of Decs
the headless snowman
Holiday Bonus: