News Brief

Lee and Powell Prevail in Motion to Dismiss Legal Malpractice Lawsuit

February 24, 2022

Matthew Lee (Partner-McLean, VA) and Lindsay Powell (Associate-McLean, VA) successfully argued a motion to dismiss a legal malpractice lawsuit in Arlington County Circuit Court, Virginia. The plaintiff alleged the firm’s attorney client had represented her without her knowledge or consent. Matt and Lindsay argued the plaintiff could not plead or prove a prima facie cause of action of legal malpractice under Virginia law because there was no attorney-client relationship in the absence of a contract. The court agreed with our argument and further noted that, under the circumstances of the case, the attorney may have actually represented a rental car company relative to its self-insurance of a rental vehicle and not the plaintiff as the renter of the vehicle. The lawsuit was dismissed with prejudice.

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