Is it appropriate for the attorney for the defendant in a quite title action against a land title company to contact and negotiate the insurance company of our previous attorney to defray the title insurance companies cost of settlement. As the plaintiffs in action and the one eventually harmed by this action we never authorized any action against the previous attorney.
Our current attorney suggested a deal that would include the previous attorney's potential malpractice action. Though there was never any indication that we would support such an action since the previous attorney won the case in lower and opted out of the appeal process.
1 Answer from Attorneys
It certainly sounds unusual to me. The questions are 1) what did original attorney do wrong? 2) how were you harmed? If your case was settled against the title company, then their insurance company might have the right to bring a subrogation action against your prior attorney, provided he did something wrong. What your prior attorney cannot do, is reveal information that is protected by the attorney client privilege unless you consent, or are a party to the lawsuit against him.
My response is based on the facts stated in your post. Feel free to email me with additional facts which may have a bearing on my opinion.
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