Kaushansky

INTRODUCTION

Plaintiff and respondent Shalome Kaushansky brought a malpractice action against her former attorney, Stonecroft Attorneys, APC, and Michael Akhidenor (collectively, Stonecroft) for professional negligence, breach of fiduciary duty, and unfair competition. After a bench trial, the court entered judgment in favor of Kaushansky, awarding her total damages of $116,734.29, comprised of $91,734.29 for her professional negligence cause of action and $25,000 for her breach of fiduciary duty cause of action. We reverse the professional negligence damages award but otherwise affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

A. The Underlying Action Against the Landlord In 2014, Kaushansky retained Stonecroft to represent her in a legal action against her landlord. In their initial meeting, Kaushansky told Stonecroft about the problems that arose during her tenancy. There were multiple water leaks resulting in mold, fires from recurrent electrical problems, a series of faulty water heaters, lack of heat due to a defective heating unit, a gas leak, and dog feces and urine in the hallway. When she complained to the housing authority about these issues, the landlord…