Altagen

Appellant appeals from a judgment in its favor against an attorney for legal malpractice in the amount of $1,016.46 on the ground that the trial court committed error in finding a limited employment was undertaken by the respondent and in reducing appellant’s damages by the amount of the contingent fee respondent would have received had he not been negligent in handling appellant’s case.

Appellant’s complaint for malpractice alleged that respondent had orally agreed to prosecute an action against Wilsen Construction & Development Corporation (Wilsen) for $25,449.26 that it owed appellant for the furnishing and installing of carpeting on various construction projects, that respondent filed the lawsuit but negligently failed to serve the summons and complaint which led to a judgment of dismissal, and that as a proximate result of said negligence appellant lost the balance owed.

The trial court found that respondent was negligent as alleged but that with the exception of $1,355.31 any amounts which may have been due were barred by the statute of limitations at the time respondent had been retained to file suit. As to the $1,355.31 the trial court reduced the award by 25…