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DC Court Case Decision Reverse Base On Legal Malpractice

ROBERTS, Circuit Judge: In this legal malpractice action, the appellant sued attorneys for litigating against him throughout a multi-faceted probate dispute, causing him to incur legal fees. According to the appellant, the attorneys had a duty not to act adverse to his interests, and their litigation constituted a conflict of interest. The district court granted summary judgment for the attorneys, because the appellant after learning of the conflict of interest waited beyond the three-year limitations period for malpractice actions before filing suit.

We reverse. The litigation brought by the attorneys, if wrongful as alleged, constituted a continuing tort. Under District of Columbia law, the appellant may pursue claims ‘‘for injuries attributable to the part of the continuing tort that was committed within the limitations period immediately preceding the date on which suit [was] brought.’’ Beard v. Edmondson & Gallagher, 790 A.2d 541, 548 (D.C. 2002).

The roots of this real-life Bleak House saga doubtless stretch further back in time, but the precipitating event was the death of Lew Gin Gee Jung (Mother Jung) in January 1995. Mother Jung was survived by five children: three daughters, Fay Lee, Yok Jung (Yok), and May Jung (May); and two sons, Bow Jung (Bow) and Wee Jung (Wee). After her death, myriad disputes between Bow, May, Yok, and Wee (Fay Lee did not arrive on the scene until later) plunged the family into nine years of bitter litigation (so far) over the estate and related matters. This case, one of a half-dozen arising in the wake of Mother Jung’s death, concerns Bow’s claims against appellees Reginald L. Holt and Mundy, Holt & Mance, P.C. (collectively attorneys), who had been engaged by Mother Jung for estate planning.

We therefore hold that Bow’s conflict of interest claim is not completely barred by the statute of limitations. Bow may pursue his claim for those damages sustained from the alleged tortious litigation after July 15, 1999 — the three years preceding the complaint through the present. Any damages Bow suffered as a result of the attorneys’ conduct prior to July 16, 1999, are barred by the statute of limitations.

We reverse the district court’s grant of summary judgment on the legal malpractice claim based on the alleged conflict of interest, and remand to the district court to permit Bow to pursue his claim with respect to the attorneys’ conduct and any resulting damages within the three-year period prior to the filing of his complaint.

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