Clients settled eminent domain action with County for almost $2.6 million, and later brought suit against their own lawyer for attorney malpractice and breach of fiduciary duty, claiming the lawyer failed to work up their case and properly prepare the experts. Their lawyer cross-complained for his legal fees in quantum meruit. The trial court awarded the clients $574,000 for legal malpractice, and awarded the lawyer $242,542.69 for his costs and legal fees. Noting the settlement took place when the clients were represented by a successor attorney, the appellate court reversed the award to the clients for legal malpractice because of a lack of evidence showing the lawyer’s acts, or omissions, proximately caused the clients any injury, and affirmed the award to the lawyer for his costs and fees. Filbin v. Fitzgerald (Cal. App. First Dist., Div. 2; November 20, 2012) 211 Cal.App.4th 154.
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