Goebel

Appellant Dale Randall Goebel filed suit against respondent James Lauderdale for attorney malpractice. The trial court granted respondent’s motion for nonsuit on the grounds that the action was barred by the one-year statute of limitations and because appellant did not establish a prima facie case of negligence. We conclude that the trial court erred in granting the motion for nonsuit on the issue of respondent’s negligence, and erred in granting the nonsuit based on the running of the statute of limitations.

Factual and Procedural Background

Appellant is a general contractor. In May 1984, after appellant began having financial difficulties, he sought bankruptcy advice from respondent, an attorney. Although respondent is a bankruptcy specialist, he also handles other legal matters, including criminal cases. When appellant and respondent met, they discussed appellant’s debts. Appellant ultimately decided to attempt to work his way out of his debts.

Appellant’s financial situation worsened. Accordingly, in September 1984, he again sought respondent’s advice. Appellant gave respondent various documents and bills and respondent explained the different types of bankruptcy.…