BREAUX v. SOILEAU (2020)

Writ denied.

As I explained in my dissent in Reeder v. North, 97-0239 (La. 10/21/97), 701 So. 2d 1291 (Johnson, J. dissenting):

If a client is required to file suit against his attorney while the suit is being litigated and before a judgment is definitive, the client is placed in the untenable position of asserting that a judgment is both valid and invalid. To follow the reasoning of the majority would lead to absurd results. An attorney need only litigate a claim past the three (3) year preemptive period to avoid all consequences of his malpractice.

In this case, at the time plaintiff's lawsuit was deemed abandoned defendant was still the attorney of record for the plaintiff. Plaintiff was not notified his suit was deemed abandoned. Because of defendant's continued representation of plaintiff, I would find plaintiff's cause of action did not ripen into a legal malpractice claim until he discovered the suit was abandoned.

Johnson, C.J., would grant and assigns reasons. Hughes, J., would grant. Crain, J., would grant.