Justice Thomas Feinman
Plaintiff law firm moved to dismiss defendant client’s counterclaims for legal malpractice. The firm sued for breach of contract of a retainer agreement seeking unpaid legal fees of nearly $140,000. Defendant counterclaimed for legal malpractice noting it hired plaintiff to represent it in connection with an arbitration against defendant’s former employees in which defendant claimed they unlawfully copied files and proprietary information about defendant’s clients. Defendant argued plaintiff failed to retain a competent expert to provide an opinion and testify on defendant’s behalf at a damages hearing. The court found the firm demonstrated the expert was found qualified, and that defendant had a chance to review his qualifications, and approved his selection. It ruled the conclusory allegation the firm merely chose the wrong expert was insufficient to sustain an action for legal malpractice, stating the allegation amounted to, “at most” an error in professional judgment not rising to the level of malpractice. Also, defendant did not allege any actual damages resulting from the alleged breach. The court granted the firm’s motion to dismiss.
