(a client engaged an attorney to draft a security agreement for loans she made to her son; although the attorney drafted the agreement, the client did not provide him with an equipment list, and he did not file a financing statement; after the son declared bankruptcy, the client sued the attorney for malpractice for failing to file the financing statement; the circuit court granted summary judgment to the attorney, finding that he owed no duty to the client to file the statement; on appeal, the court disagreed that the duty question could be decided on summary judgment; nonetheless, the court affirmed the judgment on the grounds that the client suffered no damage and that she filed her claim outside of the three-year limitations period for a legal malpractice claim; the client succeeded in recovering from the son’s bankruptcy estate more than the appraised value of the collateral she claimed was jeopardized by the attorney’s alleged negligence).
Jennings v. Shuler, No. 2012-CA-01122-COA, 2014 Miss. App. LEXIS 55 (Miss. Ct. App. Feb. 4, 2014)
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