Thursday, March 11, 2021

Court Rules That a Certificate of Merit is Required For Plaintiff to Proceed on a Legal Malpractice Claim

In the case of Corliss v. Lee A. Ciccarelli, PC, No. 3129-CV-2020 (CP Monroe Co. Jan 11, 2021 Williamson, J.), Judge David J. Williamson of the Monroe County Court of Common Pleas addressed various motions with respect to a Plaintiff’s legal malpractice Complaint against his former criminal defense attorney.

In this decision, the court ruled that, although the Plaintiff alleged a breach of contract claim against his former law firm, the cause of action pled sounded in tort.

The Plaintiff was attempting to assert that, since he had filed a breach of contract action, he did not have to produce a Certificate of Merit. The court disagreed and dismissed the Plaintiff’s Complaint and required him to file a Certificate of Merit should he elect to file another Amended Complaint.

In his decision, the court had also agreed with the defense that the gist of the action doctrine applied as well in support of the dismissal.

Anyone wishing to review a copy of this decision may click this LINK.

Source “Digest of Recent Opinions.” Pennsylvania Law Weekly (Feb 16, 2021).


Should you be an attorney in need of an expert witness with respect to a legal malpractice claim, please contact Daniel E. Cummins at Cummins Law to review your potential claim or defense.  

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