Walley

BACKGROUND

I.

PRIOR LITIGATION BETWEEN WALLEY AND HOOVER.

Walley, an attorney with the law firm of Good, Wildman, Hegness & Walley, represented real party in interest, Sarah Martin, and her business, Footprints ‘N More, Inc., in a landlord/tenant dispute between Martin and her commercial landlord. Real party in interest, Hoover, was Martin’s boyfriend at the time and became a co-client of Walley’s law firm. At some point, Hoover and Martin’s relationship deteriorated. Wally’s law firm continued to represent Martin, but unilaterally discontinued its representation of Hoover.

* Before O’Leary, P. J., Fybel, J., and Thompson, J. 2 Hoover filed an arbitration claim against Walley and his law firm, asserting causes of action for, inter alia, breach of fiduciary duty and legal malpractice (the arbitration action). Attorney Steven H. Gentry, of the Berger Kahn law firm (Berger Kahn), represented Walley in the arbitration action. The arbitrator found Walley and his law firm violated their ethical duty to Hoover and committed malpractice. The arbitrator awarded Hoover over $200,000. Hoover filed a complaint against Martin asserting a claim for breach of contract and also common…