MICHIGAN JURY FINDS LAW FIRM COMMITTED MALPRACTICE 1

Attorney at Braun Kendrick Finkbeiner was professionally negligent according to Circuit Court of Genesee County.

In the Circuit Court, County of Genesee case William J. Baird v. Brian S. Makaric and the law firm Braun Kendrick Finkbeiner, PLC, jointly and severally (Civ No. 15-105673-NM), Plaintiff William Baird alleged that his former attorney violated duties professional negligence, particularly legal malpractice, in the underlying divorce action between Plaintiff and his ex-wife.

On July 31, 2019, after a week-long jury trial in the above-captioned case, the Jury determined that Defendant Makaric was professionally negligent in his representation of Plaintiff Baird. The jury’s determination was a unanimous 9-0 decision.

Among other things, it was alleged that Makaric recommended Baird to sign a settlement agreement that Makaric himself did not understand. During the malpractice case, Baird’s attorney Darice E. Weber cited to the following case law: “When a settlement is compelled by the mistakes of the Plaintiff’s attorney, the attorney may be held liable for causing the client to settle for less than a properly represented client would have accepted.” Espinoza v Thomas, 189 Mich App 110, 123; 472 Mich App NW2d 16 (1991).

Additionally, the jury found Defendant Makaric negligent with respect to billing.

In post-trial action, the presiding judge, the Honorable Brian S. Pickell, clarified that Plaintiff is entitled to a judgment in the amount of $110,000 plus all statutory interest, which includes prejudgment interest from the date of filing the complaint, and post-judgment interest until the judgment is satisfied, holding that “the Court finds that the damages to the Plaintiff for billing for services and, consequently, the professional negligence found by the jury in this case are $110,000.00.”

 

The following is an excerpt from the Court’s online case summary database:

JURY TRIAL WHOLE DAY

 JUDGMENT FOR PLAINTIFF

       JURY PANEL OF 8 PREVIOUSLY

              SWORN RETURNED.  PROOFS AND

        ALLEGATIONS WERE HEARD IN

          FULL.  CLOSING ARGUMENTS OF

               COUNSEL. CHARGE OF THE COURT.

               VERDICT OF THE JURY: JUDGMENT

               FOR PLTF. JURY WAS DISCHARGED.

Tags: Law, Lawyers, Divorce, Court, malpractice, Professional Negligence