legal malpractice claim (Idaho) · Go Syfert
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legal malpractice claim in Idaho

21 Idaho opinions name it 2 courts 1995–2026 6 in the last five years

The cases below were cited by Idaho courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (14)

CaseFollowedCited
Bishop v. Owensgreen
idaho · 2012 · cited in 5 Idaho opinions naming this issue, 2013–2018
2 sentences

2016Bishop v. Owens, 152 Idaho 616, 620 , 272 P.3d 1247, 1251 (2012) (listing elements of a legal malpractice claim as including “the existence of an attorney-client relationship”).

2016Bishop v. Owens, 152 Idaho 616, 620 , 272 P.3d 1247, 1251 (2012) (listing elements of a legal malpractice claim as including “the existence of an attorney-client relationship”).

35
Thurston v. Continental Casualty Co.green
me · 1989 · cited in 3 Idaho opinions naming this issue, 2013–2025
2 sentences

2025Co., 567 A.2d 922, 923 (Me. 1989) (“[T]here is no reason to prohibit the assignment of a legal malpractice claim [where the] assignee has an intimate connection with the underlying lawsuit.”); but see Hedlund Mfg.

2013Co., 567 A.2d 922, 923 (Me.1989) (“[Tjhere is no reason to prohibit the assignment of a legal malpractice claim [where the] assignee has an intimate connection with the underlying lawsuit.”).

33
Purco Fleet Services, Inc. v. Idaho State Department of Financegreen
idaho · 2004 · cited in 2 Idaho opinions naming this issue, 2013–2013
2 sentences

2013It is settled in Idaho that “choses in action are generally assignable.” Purco Fleet Servs., Inc. v. Idaho State Dep’t of Fin., 140 Idaho 121, 126 , 90 P.3d 346, 351 (2004).

2013It is settled in Idaho that “choses in action are generally assignable.” Purco Fleet Servs., Inc. v. Idaho State Dep’t of Fin., 140 Idaho 121, 126 , 90 P.3d 346, 351 (2004).

22
Johnson v. Jonesgreen
idaho · 1982 · cited in 2 Idaho opinions naming this issue, 2011–2011
2 sentences

2011Johnson v. Jones, 103 Idaho 702, 706 , 652 P.2d 650, 654 (1982).

2011Johnson v. Jones, 103 Idaho 702, 706 , 652 P.2d 650, 654 (1982).

22
Cerberus Partners, L.P. v. Gadsby & Hannahgreen
ri · 1999 · cited in 3 Idaho opinions naming this issue, 2013–2025
2 sentences

2013The Cerberus court found that the various policy evils presaged by the Goodley court, and other majority-rule jurisdictions, were only implicated by situations “where a legal malpractice claim was transferred to a person without any other rights or obligations being transferred along with it.” Id. at 1059 .

2013The Cerberus court found that the various policy evils presaged by the Goodley court, and other majority-rule jurisdictions, were only implicated by situations “where a legal malpractice claim was transferred to a person without any other rights or obligations being transferred along with it.” Id. at 1059.

13
Lanham v. Fleenorgreen
idaho · 2018 · cited in 3 Idaho opinions naming this issue, 2019–2023
2 sentences

2023Id.

2023Id.

13
Ciccarello v. Daviesgreen
idaho · 2019 · cited in 2 Idaho opinions naming this issue, 2025–2025
2 sentences

2025First, in Ciccarello, we considered a legal malpractice claim against Davies after Ciccarello was ousted as CEO of Lotus Vaping Technologies, LLC. 166 Idaho at 157, 456 P.3d at 523.

2025First, in Ciccarello, we considered a legal malpractice claim against Davies after Ciccarello was ousted as CEO of Lotus Vaping Technologies, LLC. 166 Idaho at 157, 456 P.3d at 523 .

12
Umphrey v. Sprinkelgreen
idaho · 1983 · cited in 2 Idaho opinions naming this issue, 2018–2018
2 sentences

2018See Bishop v. Owens , 152 Idaho 616 , 620, 272 P.3d 1247 , 1251 (2012) ("Breach of an attorney's duty in negligence is a tort."); Umphrey v. Sprinkel , 106 Idaho 700 , 706, 682 P.2d 1247 , 1253 (1983).

2018See Bishop v. Owens , 152 Idaho 616 , 620, 272 P.3d 1247 , 1251 (2012) ("Breach of an attorney's duty in negligence is a tort."); Umphrey v. Sprinkel , 106 Idaho 700 , 706, 682 P.2d 1247 , 1253 (1983).

12
McKay v. Owensgreen
idaho · 1997 · cited in 2 Idaho opinions naming this issue, 2008–2013
2 sentences

2013Id. at 154 , 937 P.2d at 1228 (emphasis added).

2013Id. at 154 , 937 P.2d at 1228 (emphasis added).

12
Hedlund Manufacturing Co. v. Weiser, Stapler & Spivakgreen
pa · 1988 · cited in 1 Idaho opinions naming this issue, 2025–2025
1 sentence

2025Co., Inc. v. Weiser, Stapler & Spivak, 539 A.2d 357, 359 (Pa.1988) (assignment of “all rights and causes of action” against attorneys relating to mishandling of patent application held valid because the court refused to “allow the concept of the attorney-client relationship to be used as a shield by an attorney to protect him or her from the consequences of legal malpractice”).

11
Harrigfeld v. Hancockgreen
idaho · 2004 · cited in 1 Idaho opinions naming this issue, 2025–2025
2 sentences

2025In reaching that answer, we acknowledged the general rule that “an attorney will be held liable for negligence only to his or her client and not to someone with whom the attorney does not have an attorney-client relationship.” Id. (quoting Harrigfeld v. Hancock, 140 Idaho 134, 137 , 90 P.3d 884, 887 (2024)).

2025In reaching that answer, we acknowledged the general rule that “an attorney will be held liable for negligence only to his or her client and not to someone with whom the attorney does not have an attorney-client relationship.” Id. (quoting Harrigfeld v. Hancock, 140 Idaho 134, 137 , 90 P.3d 884, 887 (2024)).

11
Tolley v. Thi Co.green
idaho · 2004 · cited in 1 Idaho opinions naming this issue, 2019–2019
2 sentences

2019“To establish a claim for breach of fiduciary duty, [a] plaintiff must establish that defendant owed plaintiff a fiduciary duty and that the fiduciary duty was breached.” Tolley v. THI Co., 140 Idaho 253, 261 , 92 P.3d 503, 511 (2004).

2019“To establish a claim for breach of fiduciary duty, [a] plaintiff must establish that defendant owed plaintiff a fiduciary duty and that the fiduciary duty was breached.” Tolley v. THI Co., 140 Idaho 253, 261 , 92 P.3d 503, 511 (2004).

11
Soignier v. Fletchergreen
idaho · 2011 · cited in 1 Idaho opinions naming this issue, 2012–2012
2 sentences

2012See Soignier v. Fletcher, 151 Idaho 322, 324 , 256 P.3d 730, 732 (2011).

2012See Soignier v. Fletcher, 151 Idaho 322, 324 , 256 P.3d 730, 732 (2011).

11
City of McCall v. Buxtongreen
idaho · 2009 · cited in 1 Idaho opinions naming this issue, 2010–2010
2 sentences

2010City of McCall v. Buxton, 146 Idaho 656, 661 , 201 P.3d 629, 634 (2009).

2010City of McCall v. Buxton, 146 Idaho 656, 661 , 201 P.3d 629, 634 (2009).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Idaho. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
Parkinson v. Bevis green
idaho · 2019
2 sentences

2026In Parkinson, this Court addressed whether a client could pursue a breach of fiduciary duty claim seeking fee disgorgement as a 13 remedy distinct from a legal malpractice claim. 165 Idaho at 604 , 448 P.3d at 1032 .

2026In Parkinson, this Court addressed whether a client could pursue a breach of fiduciary duty claim seeking fee disgorgement as a 13 remedy distinct from a legal malpractice claim. 165 Idaho at 604 , 448 P.3d at 1032 .

12026–2026
St. Luke's Magic Valley Regional Medical Center v. Luciani green
idaho · 2013
2 sentences

2025Luke’s Magic Valley Regional Medical Center v. Luciani, 154 Idaho 37 , 293 P.3d 661 (2013), and public policy considerations, the legal malpractice claim was assignable because it was transferred to Acorn in a commercial transaction, along with other business assets.

2025Luke’s Magic Valley Regional Medical Center v. Luciani, 154 Idaho 37 , 293 P.3d 661 (2013), and public policy considerations, the legal malpractice claim was assignable because it was transferred to Acorn in a commercial transaction, along with other business assets.

12025–2025
Rockefeller v. Grabow green
idaho · 2001
1 sentence

2019In Rockefeller I, we also relied on the Texas case of Burrow v. Arce, which sets forth several factors to consider in any forfeiture analysis: “the gravity and timing of the violation, its willfulness, its effect on the value of the [agent’s] work for the [principal], and other threatened 8 or actual harm to the [principal] and the adequacy of other remedies.” Id. at 642, 39 P.3d at 582 (citing Burrow v. Arce, 997 S.W.2d 299 , 243 (Tex. 1999)).

12019–2019
Lamb v. Manweiler green
idaho · 1996
2 sentences

2017This Court has addressed a legal malpractice claim arising from a criminal case only once, in Lamb v, Manweiler, 129 Idaho 269 , 923 P.2d 976 (1996).

2017This Court has addressed a legal malpractice claim arising from a criminal case only once, in Lamb v, Manweiler, 129 Idaho 269 , 923 P.2d 976 (1996).

12017–2017
Krepcik v. Tippett green
idahoctapp · 1985
2 sentences

1995The Idaho Supreme Court upheld the denial of the motion for the continuance, holding that “the situation in the ease at bar was precipitated by plaintiffs’ counsel’s lack of diligence in securing expert opinions on liability, and not by mere fortuity.” Likewise, this Court upheld the denial of a motion for a continuance in Krepcik v. Tippett, 109 Idaho 696 , 710 P.2d 606 (Ct.App.1985), where the party seeking the continuance was at least partially responsible for its necessity.

1995The Idaho Supreme Court upheld the denial of the motion for the continuance, holding that “the situation in the ease at bar was precipitated by plaintiffs’ counsel’s lack of diligence in securing expert opinions on liability, and not by mere fortuity.” Likewise, this Court upheld the denial of a motion for a continuance in Krepcik v. Tippett, 109 Idaho 696 , 710 P.2d 606 (Ct.App.1985), where the party seeking the continuance was at least partially responsible for its necessity.

11995–1995

Statutes the citing opinions construe

ID § Idaho Code § 12-121 (12) ID § Idaho Code § 12-120 (7)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 301 (1985–2026) NY 248 (1990–2026) IL 199 (1980–2026) OH 158 (1989–2026) NJ 88 (1980–2026) CA 76 (1969–2026) PA 68 (1987–2026) MI 65 (1987–2026) LA 53 (1985–2025) FL 53 (1983–2025) IN 44 (1981–2020) WA 43 (1992–2026) MN 40 (1984–2017) GA 39 (1990–2025) TN 38 (1996–2025) MA 37 (1988–2026) MO 28 (1981–2025) SC 28 (1996–2025) UT 27 (1996–2026) MS 27 (1982–2024) CT 25 (1996–2024) AZ 24 (1984–2026) IA 24 (1989–2026) CO 21 (1995–2025) ID 21 (1995–2026) KS 21 (1990–2026) AL 20 (1982–2025) NM 20 (1997–2025) NV 20 (1996–2025) OR 19 (1988–2025) MT 18 (1995–2026) VA 16 (1988–2026) ME 16 (1996–2020) WI 15 (1991–2025) DC 15 (1990–2024) NC 14 (2003–2022) VT 14 (1992–2025) SD 14 (1983–2023) RI 13 (1997–2017) WY 13 (2002–2026) KY 12 (2007–2024) MD 12 (1995–2024) NE 11 (1995–2026) AK 10 (1992–2025) ND 10 (1990–2024) WV 10 (2003–2021) DE 9 (1996–2025) HI 6 (2001–2026) NH 5 (2010–2019) OK 4 (2000–2025) AR 4 (2003–2025) VI 3 (1991–2014)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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