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SCHMIDT v. COOGAN

No. 88460-9.

335 P.3d 424 (2014)

Teresa SCHMIDT, Petitioner, v. Timothy P. COOGAN and Deborah Coogan, and the marital community comprised thereof; and The Law Offices of Timothy Patrick Coogan and all partners thereof, Respondents.

Supreme Court of Washington, En Banc.

October 9, 2014.

Attorney(s) appearing for the Case

Dan'L Wayne Bridges , McGaughey Bridges Dunlap PLLC, Seattle, WA, for Petitioner.

Paul Alexander Lindenmuth , Benjamin Franklin Barcus , Ben F. Barcus & Associates PLLC, Tacoma, WA, for Respondent.

WIGGINS, J.

¶ 1 This legal malpractice case presents two questions that we have never before addressed. The first is whether the elements of legal malpractice include the collectibility of an underlying judgment. Jurisdictions are split. We adopt the growing trend to make the uncollectibility of an underlying judgment an affirmative defense that negligent attorneys must plead and prove. The second is whether emotional distress damages are available in legal malpractice...

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