Chavez

Plaintiff Raul Chavez appeals from a summary judgment in favor of the defendant in an action for damages for legal malpractice.

On June 17, 1965, plaintiff filed his malpractice complaint. He alleged that on November 10, 1961, he hired attorneys Carter, Coudures and Ludlow to represent him in a pending divorce action between himself and Maria Chavez. On Febru ary 14, 1962, the court in the divorce suit directed the granting of an interlocutory decree of divorce to each party, and Maria Chavez’s attorney was directed to prepare the judgment to be submitted to Raul Chavez’s attorney (defendant herein) for approval. Plaintiff in the present action alleges that defendant negligently failed to enter the interlocutory decree of divorce; that, as a result of the negligence, plaintiff’s title to property is clouded; that an order of support is still effective; and that plaintiff has been damaged in the sum of $10,000. Defendant’s proposed amendment to the answer indicates that defendant Carter sued Raul Chavez for attorney’s fees in connection with the divorce, and Chavez did not assert his malpractice claim by way of counterclaim in that action. The complaint for fees was served on…