Affirms judgment in favor of attorneys on client’s legal malpractice claim

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Appellant Russelburg filed a complaint against Arnaez and Clouse alleging legal malpractice. Arnaez and Clouse filed a motion for summary judgment alleging that Russelburg did not pay his own attorney’s fees and, therefore, that he did not have standing to sue. The trial court granted the summary judgment motion in favor of Arnaez and Clouse. On appeal from the trial court’s grant of summary judgment, we held that summary judgment was inappropriate because Russelburg had standing to sue. On remand, following a bench trial, the trial court entered judgment in favor of Arnaez and Clouse. This appeal ensued.
Conclusion (slip op. at 5):  Russelburg’s contentions [that the evidence is sufficient to prove his claim] amount to a request that we reweigh the evidence, which we will not do. The trial court, as the trier of fact, was entitled to find Russelburg’s evidence not credible. The trial court did not err when it entered judgment in favor of Arnaez and Clouse. Affirmed.
Key Analysis (slip op. at 4):  Indeed, the particulars of appellate practice are not within the common knowledge of a large segment of the legal community. Accordingly, to the extent that the trial court concluded that Russelburg was required to present expert testimony, there was no error.

About Bose McKinney & Evans LLP

Bose McKinney & Evans LLP is a business law firm, headquartered in Indianapolis, Indiana, serving both publicly held and privately held businesses, governmental entities and high-growth industries. Our clients include Fortune 100 companies, international manufacturers, national and regional financial institutions, agribusinesses, sports teams, university-incubated start-ups, media, utilities, cities and schools, to name a few. We strive to build strong relationships with our clients as key business advisors, to exceed expectations in the quality of our work, to be knowledgeable about our clients’ businesses and sectors, to be responsive to service needs and to continually seek to improve the delivery of client services. Our ultimate focus is on our clients.
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