Jury Says No to Legal Malpractice Claim

Posted on 11 December 2008

A jury in San Fran just said no to a $17 million legal malpractice claim against Orrick Herrington & Sutcliffe after eight years of fighting. Claiming breach of fiduciary duty by retired trusts and estates partner William Hoisington, the dispute didn’t result in a big reward. However, Hosington is still being held responsible for his actions. The jurors felt that he failed his “obligation to his client by breaching a fiduciary obligation, but that it was not a substantial factor in harm to the client.”

According to the plaintiff’s attorney, Jonathan Bass of Coblentz, Patch, Duffy & Bass, “we presented that theory to the jury, that he breached a duty of loyalty, that he could not represent parties that were on the giving and receiving end of wealth.” 

“But the jury did not put it together with our client’s losses,” added Bass.

“It is not often that a law firm takes a malpractice claim to trial,” said Wendy Thurm, one of the Keker & Van Nest attorneys representing Orrick. “Orrick’s case was strong, and we’re happy Bill Hoisington’s character and reputation have been preserved.”

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Whitney Doheny - who has written 186 posts on Legal Research Center.


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