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Firms Can't Be Directly Liable For Malpractice: Ohio SC

Law360 (July 29, 2009, 4:19 PM EDT) -- Ohio's highest court has ruled that, under state law, a law firm cannot commit legal malpractice directly, nor can it be held vicariously liable for malpractice unless one or more of its attorneys is found liable.

Resolving a certified question submitted by the U.S Court of Appeals for the Sixth Circuit, the Supreme Court of Ohio found Wednesday that a malpractice claim could not be asserted directly against a law firm when its principals and employees had either been dismissed from a malpractice suit or were never sued to begin with.

“We ... hold that a law firm does not engage...

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