Wiggin & Dana Successful in Reversing Multi-Million Dollar Legal Malpractice Award in Utah

December 18, 2001

In a unanimous opinion of the Utah Supreme Court, Connecticut-based Wiggin & Dana was successful in reversing a $23 million legal malpractice verdict against a Washington, D.C. law firm.

Mark R. Kravitz, head of Wiggin & Dana’s appellate practice, and Timothy A. Diemand, a senior associate in Wiggin & Dana’s litigation group, represented the law firm and its named partner, both preparing the briefs and presenting oral argument before the Utah Supreme Court. The appeal involved many novel and complex issues related to the existence of an attorney-client relationship, comparative fault, defenses to a legal malpractice suit and damages.

The Utah Supreme Court reversed the judgment and remanded this case for a new trial after concluding that the trial court erred when it granted a partial directed verdict in favor of plaintiffs and found that an implied attorney-client relationship existed between plaintiffs and the law firm. The court also concluded that "the jury should not have awarded actual or punitive damages against " the principal partner.

Founded in New Haven, Connecticut in 1934 with predecessor firms dating back to the 19th century, Wiggin & Dana is a full service firm of more than 150 attorneys with offices in New Haven, Stamford, Hartford and Philadelphia.

To read the opinion Click Here