United States First Circuit

In a breach of contract and fiduciary duty case arising out of the breakdown in the relationship between plaintiffs and their former attorney, summary judgment for the attorney is affirmed where: 1) a claim for breach of contract failed as attorney's handwritten addendum, if it was to be treated as an express contract, did not modify the baseline attorney-client contract so as to remove his ability to withdraw; and 2) if that count were treated as a tort claim it would be barred by the statute of limitations, as was the fiduciary duty count.

Appellate Information

• Decided 11/22/2006
• Published 11/27/2006

Judges

• STAHL, Senior Circuit Judge., Before LYNCH, Circuit Judge, STAHL, Senior Circuit Judge, and LIPEZ, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Paul Revere III for appellants.


• For Appellees:
  
• Kenneth D. Small, with whom Marissa I. Delinks and Hinshaw & Culbertson LLP were on brief, for appellees.