DISMISSAL AFFIRMED ON APPEAL

Jeffrey P. Downer and Zabrina B. Delgado won an appeal in Division I of the Court of Appeals of the State of Washington. Plaintiff appealed after the trial court dismissed his $2,000,000 legal malpractice case in its entirety on summary judgment. Plaintiff argued the trial court erred in dismissing his professional negligence and breach of fiduciary claims against Jeff and Zabrina’s client. The Court of Appeals affirmed the trial court, finding that the plaintiff’s credibility, reputation, and the ultimate irrelevance of the witnesses and evidence not presented at trial were such that plaintiff could not prove the causation element of his legal malpractice and breach of fiduciary duty causes of action. Furthermore, the Court of Appeals held that the trial court did not abuse its discretion when it dismissed plaintiff’s fee disgorgement claim because any alleged malpractice was not egregious and therefore did not warrant such an award