Myers v. Graham, et al
Claim:
Eichhorn & Eichhorn, LLP’s client was an Indiana attorney who was sued by the plaintiff along with several other defendants via a variety of legal theories. The attorney supposedly was liable for alleged legal malpractice in handling a criminal appeal. The trial court granted summary judgment to Eichhorn & Eichhorn’s client on the basis that the statute of limitations had run. The plaintiff was aware of the outcome and had threatened such an action more than two years before he filed his lawsuit. The Court of Appeals affirmed the trial court’s entry of summary judgment for Eichhorn & Eichhorn’s client. The Court of Appeals rejected the plaintiff’s claim that he could not be said to have “discovered” the alleged legal malpractice until he supposedly fully understood the specific alleged error which he claimed on the part of the attorney. The court also specifically rejected the plaintiff’s theory that his legal malpractice claim did not accrue until his criminal conviction was vacated.
Outcome:
Court of Appeals affirmed the entry of summary judgment for Eichhorn & Eichhorn's client. Plaintiff filed a petition to transfer to the Indiana Supreme Court. On July 14, 2016, the Supreme Court denied transfer.
To view the Court of Appeals Opinion click here.
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