Hartford Of Counsel Patrick Day recently obtained summary judgment in a legal malpractice case in New London Superior Court. Plaintiff alleged that our client failed to pursue claims in the underlying divorce action relating to her ex-husband’s withdrawal of $450,000 from an IRA in violation of automatic orders. The underlying case was eventually settled and a final judgment of dissolution entered in April, 2010.
The plaintiff commenced the legal malpractice action in July, 2013, more than three years after the entry of judgment. The Court rejected the plaintiff’s argument that the statute of limitations was tolled because our client continued to represent her in post-judgment enforcement proceedings. In granting summary judgment, the Court found that the retainer agreement expressly limited the scope of the representation to obtaining a dissolution of the marriage and that the post-judgment proceedings would not have permitted reopening the terms of the judgment.