In a 2-1 decision, the Virginia Court of Appeals affirmed the dismissal of a legal-malpractice action against an attorney hired to file a Chapter 11 bankruptcy petition as being time-barred, finding that counsel also did not provide continued legal services when the court converted the case to a Chapter 7 liquidation.
In 2008, Smith Development Inc. hired Martin Conway and his firm, Pesner Kawamoto Conway, to file a Chapter 11 bankruptcy petition and obtain a plan of reorganization. The engagement letter between the client and attorney said that it “did ‘not include representation or advice … on any other matter not specifically described,’” and that the “law firm was not responsible for other legal matters unless ‘specifically requested and confirmed by us in writing,’” according to the majority opinion filed Tuesday.
