Summary
The Supreme Court of Ohio answered a certified question from the United States Court of Appeals for the Sixth Circuit concerning whether a legal malpractice claim may be maintained directly against a law firm when no individual attorney is liable or named as a defendant. The court held that a law firm cannot directly commit legal malpractice because it does not practice law, and that vicarious liability requires liability by at least one principal or associate. The court therefore answered the certified question in the negative.
Holdings
- A law firm does not engage in the practice of law and therefore cannot directly commit legal malpractice.
- A law firm may be vicariously liable for legal malpractice only when one or more of its principals or associates is liable for legal malpractice.
Questions Presented
- Whether a law firm, as an entity, may be directly liable for legal malpractice under Ohio law.
- Whether a law firm may be vicariously liable for legal malpractice when none of its principals or employees is liable for malpractice or remains a defendant.
Disposition
other
Cases Cited (27)
- Richardson v. Doe, 176 Ohio St. 370, 199 N.E.2d 878 (1964)(followed)
- Zimmie v. Calfee, Halter & Griswold, 43 Ohio St. 3d 54, 538 N.E.2d 398 (1989)(followed)
- Browning v. Burt, 66 Ohio St. 3d 544, 613 N.E.2d 993 (1993)(followed)
- Lombard v. Good Samaritan Med. Ctr., 69 Ohio St. 2d 471, 433 N.E.2d 162 (1982)(followed)
- Youngstown Park & Falls St. Ry. Co. v. Kessler, 84 Ohio St. 74, 95 N.E. 509 (1911)(followed)
- Propst v. Health Maintenance Plan, Inc., 64 Ohio App. 3d 812, 582 N.E.2d 1142 (1990)(followed)
- Strock v. Pressnell, 38 Ohio St. 3d 207, 527 N.E.2d 1235 (1988)(followed)
- Thompson v. Community Mental Health Ctrs. of Warren, 71 Ohio St. 3d 194, 642 N.E.2d 1102 (1994)(followed)
- Investors REIT One v. Jacobs, 46 Ohio St. 3d 176, 546 N.E.2d 206 (1989)(followed)
- Clark v. Southview Hosp. & Family Health Ctr., 68 Ohio St. 3d 435, 628 N.E.2d 46 (1994)(followed)
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Cited In (0)
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Court Document
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