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Title: David M. Saks v. Sawtelle
Author : Supreme Court Of Utah
Release Date : January 22, 1994
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 62 KB

Description

This is a legal malpractice case, in which summary judgment was granted for the attorney defendants. Appellants, David M. Saks and James Doyle Spruill, filed a lawsuit against Sawtelle, Goode, Davidson & Troilo--a professional corporation, and attorneys Arthur C. Troilo and Phillip Yochem [Sawtelle], in order to recover damages arising out of legal services rendered in connection with a loan transaction--a transaction which subsequently led to appellants conviction on charges of bank fraud. Appellants also sued Heard, Goggan, Blair & Williams--a partnership, and attorneys Oliver S. Heard, Jr., Thomas Goggan III, Stephen S. Blair, Jim Blair and Leslie H. Williams [Heard], and Richard R. Orsinger, in order to recover damages arising out of legal services rendered in a subsequent civil lawsuit between appellants and one of the moneylenders, Meridian Savings Association [Meridian]. In the lawsuit below, appellants asserted claims of malpractice against appellees based on negligence, gross negligence, misrepresentation, breach of express and implied warranties and deceptive trade practices. Saks and Spruill conducted the loan transaction through their limited partnership, Omni/Corpus Christi, Ltd. [Omni]. Omni intervened in the legal malpractice suit, asserting similar causes of action against appellees, and is also an appellant here. Various counterclaims and third-party actions were severed by the trial court and are not before us. The trial court granted each appellees motion for summary judgment, each of which asserted that appellants claims are precluded. Since appellants damages were suffered by reason of their own illegal conduct, recovery is barred as a matter of law for reasons of public policy. We affirm.