One of the more obscure rules in the world of legal malpractice is that legal malpractice claims cannot be assigned. The lawyer-client relationship is one of “privity.” It is a direct relationship between the client and the lawyer. Sometimes in litigation, one party requests that the other party assign to…
One of the longest-running controversies in the legal malpractice cases is whether the owner of a legal malpractice claim may assign it to another party. Once it was black letter law that a legal malpractice claim could not be assigned. In recent years courts have relaxed the rule on the…
VISSING v. CLARK COUNTY BOARD OF AVIATION COMMISSIONERS, Ind: Court of Appeals 2014 – Google Scholar. The malpractice lawsuit arose out of an effort to claim, by eminent domain, certain property, which was to be used to an airport. In 2009, the Clark County Aviation Board attempted to purchase land…
YCB INTERNATIONAL, INC. v. UCF TRADING CO., LTD., Dist. Court, ND Illinois 2014 – Google Scholar. This is an opinion by Judge Holderman who held that a judgment creditor cannot force a judgment debtor to assign a potential legal malpractice claim to the creditor. Here, upon obtaining the judgment YCB…