DROLLINGER v. MALLON

(CC 08127040L; CA A142452; SC S058839).

260 P.3d 482 (2011)

350 Or. 652

Keith L. DROLLINGER, Petitioner on Review, v. Gordon MALLON, John Lamborn, Robert Raschio, and Mallon Lamborn and Raschio, PC, Respondents on Review.

Supreme Court of Oregon, En Banc.

Decided September 1, 2011.


Attorney(s) appearing for the Case

Paul J.C. Southwick , Davis Wright Tremaine LLP, Portland, argued the cause for petitioner on review. With him on the brief was Timothy R. Volpert.

Janet M. Schroer , Hoffman Hart & Wagner, LLP, Portland, argued the cause for respondent on review. With her on the brief was Marjorie A. Speirs.


DE MUNIZ, C.J.

This is a legal malpractice action brought by plaintiff, a convicted felon, against lawyers who undertook to represent him in his attempt to obtain post-conviction relief, and then, shortly before the matter was scheduled for trial, withdrew. Defendant lawyers moved to dismiss the malpractice action for lack of subject matter jurisdiction and failure to state a claim, ORCP 21 A(8). They argued that, under this court's decision in Stevens v. Bispham...

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