Mireskandari v. Edwards Wildman Palmer LLP
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Plaintiff filed various claims against his Defendants, his former attorneys, claiming breach of contract and professional negligence. He also alleges that Defendants failed to advise him of the state’s Anti-SLAPP statute before filing a complaint against a newspaper publisher. Ultimately plaintiff’s Anti-SLAPP claim drew a special motion to strike, which he lost. This, Plaintiff claimed, deprived him of discovery he intended to use in a disciplinary proceeding pending against him in the United Kingdom. In turn, Plaintiff asserts this caused him to lose his law license and suffer other financial harm. The trial court granted summary judgment in favor of Defendants and Plaintiff appealed.
The Second Appellate District reversed. While Plaintiff’s damages claims were too speculative because they were based on the outcome of disciplinary proceedings in the U.K., the trial court erred in failing to consider Plaintiff’s other claimed damages. An attorney owes a duty of care to advise a client of foreseeable risks of litigation before filing a lawsuit on the client’s behalf. Here, Plaintiff presented a viable claim that, had Defendants advised him of the potential consequences of filing his Anti-SLAPP case, he would have elected not to file the claim.
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