July 2015
Legal malpractice claims
A legal malpractice claim can not be assigned between adversaries in litigation in which the alleged legal malpractice arose. Such assignments are void as against public policy.
Skipper v. ACE Property and Casualty, Op. No. 27547 (S.C. Sup. Ct. filed July 15, 2015) (Shearouse Adv. Sh. No. 27 at 15).
Negligence
An attorney is liable for negligence in tasks he chooses to delegate absent an express limitation of his representation.
Johnson v. Alexander, Op. No. 27553 (S.C. Sup. Ct. filed July 29, 2015) (Shearouse Adv. Sh. No. 29 at 51).
October 2014
Third-Party Beneficiaries
The Court recognized a cause of action, in both tort and contract, by a third-party beneficiary of an existing will or estate planning document against a lawyer whose drafting error defeats or diminishes the client’s interest. Recovery under either cause of action is limited to persons who are named in the estate planning document or otherwise identified in the instrument by their status. Where the claim sounds in both tort and contract, the plaintiff may elect a recovery.
Fabian v. Lindsay, Op. No. 27460 (S.C. Sup. Ct. filed October 29, 2014) (Shearouse Adv. Sh. No. 43 at 30).
February 2014
Assault and battery
A police officer may be held liable for assault and battery for making an unlawful arrest even in the absence of excessive force allegations.
Horton v. City of Columbia, Op. No. 5200 (S.C. Ct. App. filed February 26, 2014) (Shearouse Adv. Sh. No. 8 at 79).