Kolar

The law firm of Donahue, McIntosh & Hammerton (Donahue) appeals the trial court’s denial of its special motion to strike brought under the anti-SLAPP statute. (Code Civ. Proc., § 425.16; all further statutory references are to this code unless otherwise noted.) Donahue contends the legal malpractice action filed against it arose from an act “in furtherance of [its] right of petition or free speech under the United States or California Constitution in connection with a public issue,” and is therefore protected under the anti-SLAPP statute. (§ 425.16, subd. (b)(1).) Donahue also contends the action is barred by the litigation privilege, and thus subject to a special motion to strike. We disagree with each of these contentions.

As Donahue recognizes, this case presents a “garden variety legal malpractice action.” A legal malpractice action alleges the client’s attorney failed to competently represent the client’s interests. Legal malpractice is not an activity protected under the anti-SLAPP statute. That the malpractice allegedly occurred in the course of petitioning activity does not mean the claim arose from the activity itself. Because the Kolars’ malpractice action does…