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ROBERT W. BAIRD & CO. INC. v. WHITTEN

No. 1 CA-SA 17-0034.

418 P.3d 894 (2017)

774 Ariz. Adv. Rep. 4

ROBERT W. BAIRD & CO. INCORPORATED, a Wisconsin corporation; Hilltop Securities, Inc., f/k/a Southwest Securities, Inc., a Delaware corporation, Petitioners, v. The Honorable Christopher WHITTEN, Judge of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondent Judge, Kutak Rock L.L.P., a Nebraska limited liability partnership; Stinson Leonard Street L.L.P., a Missouri limited liability partnership; Patrick Ray, an individual, Real Parties in Interest.

Court of Appeals of Arizona, Division 1.

FILED September 28, 2017.

Attorney(s) appearing for the Case

Tiffany & Bosco, P.A., Phoenix, By Richard G. Himelrick .

Williams Montgomery & John Ltd., Chicago, By Christopher J. Barber , Peter J. Meyer , Co-Counsel for Petitioners.

Coppersmith Brockelman PLC, Phoenix, By John E. DeWulf , Shelley Tolman , Counsel for Real Parties in Interest Kutak Rock L.L.P. and Patrick Ray.

Gallagher & Kennedy, P.A., Phoenix, By Mark A. Fuller , Kevin E. O'Malley , Counsel for Real Party in Interest Stinson Leonard Street L.L.P.

Presiding Judge Peter B. Swann delivered the opinion of the court, in which Judge Kent E. Cattani and Chief Judge Samuel A. Thumma joined.

OPINION

¶ 1 The plaintiffs in this legal malpractice action allege that transaction counsel's negligence caused them to incur the cost of defending an action brought against the plaintiffs based on the transaction. The superior court concluded that the plaintiffs' claims created waiver of the protections of the attorney...

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