No Expert, No Case
The web page of the Rhode Island Supreme Court has a summary of a recent decision in a legal malpractice case
The pro se plaintiff in this appeal, Artecia Behroozi (plaintiff or Behroozi), appealed from the Superior Court’s entry of summary judgment in favor of the defendant, attorney Allen Kirshenbaum (defendant or Kirshenbaum), on her claims for legal malpractice and fraud relating to Kirshenbaum’s representation of Behroozi in Family Court.
The Supreme Court held that both Behroozi’s fraud and legal malpractice claims were barred by the three-year statute of limitations for a legal malpractice action. The Supreme Court further held that Behroozi’s malpractice claim failed as a matter of law because she did not present an expert witness to testify as to the applicable standard of care and any breach thereof. The Supreme Court also held that the remainder of Behroozi’s arguments on appeal were without merit.
The court decision is linked here. (Mike Frisch)