Ethics/Professional Responsibility
Dec. 7, 2013
Some legal malpractice causes of action may be transferrable
Decades after the creation of the general rule that such claims are not assignable, a court has carved out a narrow exception. By Jonathan B. Cole, Michael McCarthy and Agung W. Atmaja
Thirty-seven years after the creation of the general rule that a legal malpractice cause of action is not assignable in California, the 3rd District Court of Appeal carved out a narrow exception. In White Mountains Reinsurance Company of America v. Borton Petrini LLP, 2013 DJDAR 15423 (Nov. 26, 2013), the 3rd District held that a cause of action for legal malpractice is transferable when: "(1) ...
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