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Court Unmoved By Claim Against Matrimonial Lawyer
Matrimonial attorneys in California are breathing a sigh of relief. Even though divorce may be the most blood-boiling experience a person can go through, a California appellate court ruled that a client cannot sue his attorney just because the proceedings threw his life into turmoil. Rinaldi v. Pisano, 434148 (1st Dist. Ct. App., Dec. 18, 2004). The appellate justices ruled against Vincenzo Rinaldi, who claims his divorce lawyer, Joseph Pisano of San Francisco, made mistakes that turned his life upside-down and left him wondering if his new marriage was legitimate. The appeal court ordered the trial judge to strike a claim for emotional distress damages from Rinaldi's suit or argue why he should not do so. The ruling will limit the amount of money Rinaldi can collect if his suit is ultimately successful.
Raised Eyebrows
The judge's October ruling to allow Rinaldi's distress claim to go forward had raised eyebrows among malpractice defense attorneys. Courts rarely allow for emotional distress damages when attorneys are only accused of negligence, according to some defense lawyers. Rinaldi accuses Pisano of giving him bad advice and failing to serve his first wife with certain papers during their divorce proceedings. On top of at least $147,000 in compensatory damages, he sought unspecified damages for emotional distress in his suit, which was filed in August.
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