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KIM v. O'SULLIVAN

No. 56035-2-I.

137 P.3d 61 (2006)

133 Wash.App. 557

Dong Wan KIM, an individual, and Kwi Sim Kim, an individual, Appellants, v. Jay D. O'SULLIVAN, an individual, and Jane Doe O'Sullivan, an individual, and the marital community comprised thereof; and Alan T. Blotch, an individual and Jane Doe Blotch, an individual, and the marital community comprised thereof; and O'Sullivan & Blotch, PLLC, a Washington professional limited liability company, Respondents.

Court of Appeals of Washington, Division 1.

June 19, 2006.

Attorney(s) appearing for the Case

Komron Michael Allahyari, Jaime Michael Olander, Attorney at Law, Seattle, WA, for Appellants.

Steven Anthony Rockey, Eklund Rockey Stratton PS, Seattle, WA, for Respondents.

BECKER, J.

¶ 1 A client may not assign a claim of attorney malpractice claim to his adversary in the litigation out of which the alleged malpractice arose. Kommavongsa v. Haskell, 149 Wn.2d 288, 67 P.3d 1068 (2003). Appellant Kim has attempted to avoid this rule by agreeing to prosecute the claim in his own name for the benefit of his original adversary and subject to that adversary...

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