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Sacrificial Attorney: Assignment Of Legal Malpractice Claims, The, John M. Limbaugh
Sacrificial Attorney: Assignment Of Legal Malpractice Claims, The, John M. Limbaugh
Missouri Law Review
The Missouri Court of Appeals for the Western District of Missouri ruled, in a case of first impression, that causes of action for legal malpractice are nonassignable. The court found that permitting assignments would be contrary to public policy because assignments would create a marketplace for legal malpractice claims, jeopardize the attorney's duties of loyalty and confidentiality to the client, and restrict access to competent legal services. This Note agrees with the court's result but will explore and challenge the public policy arguments against assignment of legal malpractice claims.