DAVID J SCOTT V JAMES L FEINBERG
Annotate this Case
Download PDF
STATE OF MICHIGAN
COURT OF APPEALS
DAVID J. SCOTT,
UNPUBLISHED
December 8, 2000
Plaintiff-Appellant,
v
No. 214737
Wayne Circuit Court
LC No. 97-733107-NM
JAMES L. FEINBERG,
Defendant-Appellee.
Before: Bandstra, C.J., and Fitzgerald and D. B. Leiber*, JJ.
MEMORANDUM.
Plaintiff, acting in propria persona, appeals as of right from the trial court’s order
granting defendant’s motion for summary disposition. We affirm.
On October 15, 1997, plaintiff filed a complaint for legal malpractice in which he alleged
that in March 1984 he retained defendant, an attorney, to represent him in criminal and tax
matters, and that defendant committed malpractice by failing to take measures to have invalid
search warrants quashed and evidence seized pursuant to those warrants suppressed. The
complaint asserted that plaintiff had discovered that the search warrants were invalid on or about
January 6, 1997. Defendant answered, denied that he represented plaintiff in the tax matter, and
asserted various affirmative defenses, including that the action was barred by the statute of
limitations, and failed to state a claim on which relief could be granted.
Defendant moved for summary disposition pursuant to MCR 2.116(C)(7) and (8), arguing
that plaintiff’s action was barred by the statute of limitations, and that it failed to state a claim on
which relief could be granted. The trial court granted the motion without explanation.
We review a trial court’s decision on a motion for summary disposition de novo.
Harrison v Olde Financial Corp, 225 Mich App 601, 605; 572 NW2d 679 (1997).
The elements of legal malpractice are: (1) the existence of an attorney-client relationship;
(2) negligence in the legal representation of the plaintiff; (3) the negligence was a proximate
cause of an injury; and (4) the fact and extent of the injury alleged. Coleman v Gurwin, 443
Mich 59, 63; 503 NW2d 435 (1993). The general period of limitation for a legal malpractice
* Circuit judge, sitting on the Court of Appeals by assignment.
-1-
action is two years from the date the claim accrues. MCL 600.5805(5); MSA 27A.5805(5)
(previously MCL 600.5805(4); MSA 27A.5805(4)). A claim accrues on the last day of the
attorney’s service to the client. Fante v Stepek, 219 Mich App 319, 322; 556 NW2d 168 (1996).
However, MCL 600.5838(2); MSA 27A.5838(2) provides that an action may be commenced
within six months after the plaintiff discovers or should have discovered the existence of the
claim, even if the discovery occurs beyond the two-year period.
Plaintiff argues that the trial court erred by granting defendant’s motion for summary
disposition. We disagree and affirm. Even assuming arguendo that defendant represented
plaintiff in the tax matter, a claim that defendant denies, plaintiff’s assertion that that matter is
still pending is unsubstantiated. Plaintiff points to no action taken by defendant after 1984.
Furthermore, contrary to plaintiff’s assertion, the complaint was not filed within six months after
he discovered the alleged malpractice. Plaintiff indicates that he discovered the alleged
malpractice on or about January 6, 1997. The trial court’s docket entries indicate that the
complaint was filed on October 15, 1997. Plaintiff’s action was barred by the two-year statute of
limitations, MCL 600.5805(5); MSA 27A.5805(5), and was not filed within the six-month
discovery period. MCL 600.5838(2); MSA 27A.5838(2). Summary disposition was proper.
Affirmed.
/s/ Richard A. Bandstra
/s/ E. Thomas Fitzgerald
/s/ Dennis B. Leiber
-2-
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.