Legal Malpractice

City Attorney, A Firing and Legal Malpractice

By (Andrew Lavoott Bluestone)

In this New Hampshjre newspaper report, a city attorney is now a defendant in legal malpractice.

"CLAREMONT - The City of Claremont has filed a lawsuit alleging malpractice and negligence on the part of then-city solicitor John J. Yazinski for his role in the dismissal of former city tax assessor Steve Snelling in September 2000. The suit was filed in Sullivan County Superior Court late last week.  It alleges Yazinski, now a Claremont District Court judge, acted in "derogation of his duty and in violation of the applicable standard of care," and that he "failed to reasonably advise the city in this regard."

"Shortly after his firing, Snelling asked for a hearing before the Claremont Personnel Advisory Board, during which Yazinski and his partner Daniel G. Smith of Hughes, Smith, and Yazinski, LLP of Claremont were present in an advisory role to the city. The city said that although Snelling informed the board that night he intended to file suit, "the law firm failed to notify the city that Snelling had given notice of his intention to sue and failed to give notice of the threat of suit to the insurance carrier providing coverage to the city at the time or to recommend to the city that such a notice be given."

As a result, "the insurance carrier to which the city had paid insurance premiums at all times material would not provide coverage to the city for the Snelling suit because no notice had been provided of Snelling's intention to sue during the applicable policy period."

Snelling filed suit against the city in 2003, claiming his termination was a violation of his First Amendment free speech rights. Snelling won his case, which was upheld by the state Supreme Court following appeal. A second trial to examine damages is set to begin in March.

Specifically, the suit alleges "legal malpractice" against Yazinski, and the same allegation against the firm. In the suit against Yazinski, the city said that "had Yazinski provided the advice required by the standard of care under these circumstances, Snelling would not have been terminated. "

Full post as published by New York Attorney Malpractice Blog on January 07, 2008 (boomark / email).